Yes, trademarks have the most defined rules in regards to protection.Trademarks (applying to names) can be protected (obvious one)
Often times, clothing companies and design agencies go through so many designs that they don't actually register copyrights or actively pursue legal action for infringement. That doesn't make it legal or ethical to steal designs, obviously, but copyright protection can be very loose. So it is often taken for granted.Designs (prints on T-shirts, art work etc can be protected - this one is obviously broken by many - I've seen a heap of T-shirts printed here in Oz at retailers, and they get away with it by doing a limited print run!!)
Currently, there are no copyright laws that protect the actual article of clothing. It is definitely a big issue within the fashion industry and its something that will probably get regulated at some point. But for now, it's pretty futile to take legal action to protect your work. If someone were knocking off your designs and using your brand or label, that would be different. But the clothing itself cannot be copyrighted.The third which is the confusing bit - is the design of the clothing article itself (ie the cut, certain features like pockets, colours etc). I have recently noticed someone selling a piece of apparel which is identical in style to mine (1:1). No logos or prints have been copied however. In this case, is it a pretty futile attempt? I can't exactly copyright this design can I?
Some distinctions are clear. For instance, a painting on the side of a truck is protectable under copyright law even though the truck is a useful article. The painting is clearly separable from the utilitarian aspects of the truck. The overall shape of the truck, on the other hand, would not be copyrightable since the shape is an essential part of the truck's utility. Another commonly considered example is that of clothing. The print found on the fabric of a skirt or jacket is copyrightable, since it exists separately from the utilitarian nature of the clothing. However, there is no copyright in the cut of the cloth, or the design of the skirt or jacket as a whole, since these articles are utilitarian. This is true even of fanciful costumes; no copyright protection is granted to the costume as a whole.
I don't think that he meant public rights, just to be shown to the public or used by them???When something is created for public use, that's when it's usually not copyright protected.
ABrandWithNoName.com
I probably interpreted his comment more literally than he meant it.I don't think that he meant public rights, just to be shown to the public or used by them???
