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Fashion Design Protection

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Copyright Protection

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Requirements: Originality, Creativity, and Expression in a Fixed Medium. Benefits: Exclusivity in reproduction, distribution, and adaptation.

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Patent Protection (Design Patent)

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Requirements: Novelty, Non-Obviousness, and Ornamentality. Benefits: Right to exclude others from making, using, or selling the design for 15 years from granting.

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Fashion Law - Licensing

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Requirements: Legal contract between licensor and licensee. Benefits: Generates revenue, extends brand reach without large investment, licensee assumes most of the risk.

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Fashion Law - Counterfeit Goods

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Requirements: Enforcement of intellectual property rights. Benefits: Prevents unauthorized copies, protects brand reputation, and maintains revenue.

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Fashion Law - Environmental Regulations

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Requirements: Compliance with environmental protection laws. Benefits: Reduced environmental impact, improved brand image, and potential financial incentives for sustainable practices.

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Utility Patent Protection

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Requirements: Novelty, Non-Obviousness, and Usefulness. Benefits: Exclusivity in use, making, and selling the functional aspects of a design for 20 years.

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Fashion Law - Import and Export Regulations

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Requirements: Compliance with international trade laws and regulations. Benefits: Enables legal trade, avoids penalties and goods seizure, may benefit from trade agreements.

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Right of Publicity

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Requirements: Use of a person's identity or likeness. Benefits: Gives individuals control over commercial use of their identity, can license and monetize their image.

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First Sale Doctrine

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Requirements: Legitimate purchase of a copyrighted work. Benefits: Allows resale of the item, prevents copyright holder from controlling product after first sale.

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False Advertising Laws

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Requirements: Truth in advertising claims. Benefits: Protects against deceptive marketing, maintains fair competition, and preserves consumer trust.

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Trademark Protection

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Requirements: Distinctiveness, Use in Commerce. Benefits: Protects brand identity, unlimited duration as long as in use, helps prevent consumer confusion.

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Trade Dress Protection

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Requirements: Distinctiveness, Non-Functionality. Benefits: Protects the overall look and feel, unlimited duration as long as in use, helps prevent consumer confusion.

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Fashion Law - Consumer Protection

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Requirements: Fair advertising, clear labeling, quality standards. Benefits: Protects consumers, establishes trust, and ensures brand integrity.

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Anti-Dilution Protection

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Requirements: Fame of the trademark, Likelihood of dilution. Benefits: Protects against dilution by blurring or tarnishment, even without proof of confusion or competition.

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Moral Rights Protection

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Requirements: Personal rights of artists and authors. Benefits: Protects the personal and reputational rights of an artist, includes rights of attribution and integrity.

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