Authored by Sonia Lazaro
This Article delves into the impact of fast fashion, a trend that has revolutionized the fashion industry by prioritizing cheap and speedy production over quality and sustainability by appropriating other designers’ works. This article addresses why current copyright law does not adequately protect all fashion designers and why other intellectual property
rights may not be suitable for protection. It also analyzes the “Piracy Paradox” and the current low-intellectual property regime versus a proposed high-intellectual property regime that would benefit fashion designers. Additionally, it examines Congressional consideration of offering sui generis protection to fashion designs. Lastly, this article discusses some recent cases of fashion designers suing for infringement, focusing on cases against ultra-fast fashion brand Shein, illustrating how fashion designers in the United States are powerless against fast fashion brands.
American Journal of Trial Advocacy 