
Fashion, NFTs, and Artistic Expression
The Art Law Podcast
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The Struggles of Fashion Brands to Protect Their Product Right
This really does tie into how difficult it is for brand fashion brands in particular to protect their product right you can have very artistic or you know distinct looking clothing that does not get the same type of protection as fine art. There's this push pull in the law about whether you know functional objects what kind of protections they can get and so fashion brands have really had to rely on trademark and trade dress when they'd much rather rely on copyright but the law hasn't really permitted that because we call it functional no matter how pretty and non-functional like the ruffles or the pattern or the sewing is. I think Hermes was very threatened by this because it was unclear in late 2021 early 2022 where
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