Eduardo Peñalver (Cornell) and Sonia Katyal (Fordham) discuss at the American Constitution Society’s ACSblog. Earlier on the Design Piracy Prohibition Act here and here.
A very dubious idea — federal legislation aimed at copycat producers who “knock off” fashion and apparel designs — rears its head again. (guest posters Kal Raustiala and Chris Sprigman at N.Y. Times “Freakonomics”, earlier).
From Kelly Taylor at Miss Trials (via Above the Law, Coleman). More on the proposed Design Piracy Prohibition Act here and here.
Our post on the proposed Design Piracy Prohibition Act, and the fear of many designers and producers that it could swamp them in litigation, has been getting a lot of visitor attention, particularly from craft site Etsy. More on the topic: Grim Reader, BoingBoing.
A bill to extend intellectual-property concepts — and litigation based on those concepts — into the world of fashion and design is pending in Congress. Kathleen Fasanella, whose Fashion Incubator site has done much to advance the CPSIA fight, warns the law will be enough to sink many small apparel and fabric firms that can’t afford lawyers to fight big firms’ infringement claims — and that it could spell an end to her own advisory/website business as well. “If CPSIA was an amputation, the Design Piracy Prohibition Act is a beheading.” A view in favor of the legislation: Counterfeit Chic. The Council of Fashion Designers of America, representing many big-name fashion design houses, has pushed for the bill, while “the largest industry group, the venerable American Apparel and Footwear Association” is opposed, predicting it will lead to “an environment of ubiquitous lawsuits between legitimate companies”.
Update: Welcome ArtFire and Etsy readers. And an update with a link to a recent critical analysis of the proposal is here.