Testimony of David Wolfe, Creative Director The ... - Public Knowledge

Trademarks are the symbols that identify the origins of a product, and are an important way for
designers to distinguish their brands from others. Fashion designers can use trademark law to
protect their brand and distinguish their goods from knock-offs and limit consumer confusion.
For example, while a designer may be able to copy Gucci, Prada or Louis Vuitton hand-bags,
that designer may not use the Gucci, Prada, or Louis Vuitton trademarks on his own versions.
Conclusion
Chanel once said, “Fashion should slip out of your hands. The very idea of protecting the
seasonal arts is childish.” While she died over thirty years ago, this is no less true today.
Extending copyright protections to an industry that thrives on a rapidly changing marketplace,
where originality is difficult to determine and designers are constantly influenced by each other
and the world would cause more harm than good. Fashion is ephemeral and must move faster
than the hindrances that would accompany copyright: time and resources necessary to negotiate
licensing deals, to determine the substantial similarity of two garments or to assess the overall
originality of a design. The fashion industry has thrived in the absence of copyright as a well
balanced system of appropriation, copying and originality. It will continue to do so only if we
maintain the current system.
Thank you. I look forward to your questions.
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