Fashion Law Breakdown: Copyright or Trademark?
Fashion Law 101: Trademark vs. Copyright. What Designers Actually Need to Know.
In the fashion world, where creativity and branding are everything, legal protection isn’t just a smart move, it’s essential. Yet many designers and emerging brands are unsure where to start. Should you register a trademark or a copyright? Do you need both? What actually protects your designs?
Let’s cut through the confusion. Trademarks and copyrights serve two very different purposes, and understanding those differences can mean the difference between protecting your work or watching it walk down the runway with someone else’s label.
Trademark: Protect the Brand
Trademarks are all about brand identity. If your goal is to stop others from copying your logo, brand name, or any distinctive element that signals your company’s identity, this is your legal weapon.
In fashion, trademarks cover:
Brand names (Balenciaga, Off-White)
Logos and insignia (Fendi’s double F)
Trade dress— the overall look of a product that consumers recognize as source-identifying (Burberry's plaid, Louboutin’s red soles)
The key is that a trademark tells the world, “This product came from me.” It’s not about creativity, it’s about commercial identity.
Copyright: Protect the Art
Copyright, on the other hand, protects original creative expression. In fashion, that means things like:
Textile prints
Graphic T-shirt designs
Illustrations or artwork used on garments
The problem? Most clothing is considered functional, and copyright law doesn’t protect useful articles. A dress cut or silhouette? Not covered. But that hand-painted design across the fabric? Absolutely.
Why It Matters
Misunderstanding what each type of protection covers can leave your business exposed. Think your brand is safe because you copyrighted a logo? Think again. You likely needed a trademark. Think your dress design is protectable? Not unless it includes an artistic element that stands alone from function.
Next Steps
Audit your IP: Take stock of your brand assets: logos, patterns, designs.
Register strategically: Trademark your brand identifiers, and copyright any original artwork or textile designs.
Consult counsel: Fashion IP is nuanced. Work with an attorney who understands both legal frameworks and industry realities.
Fashion moves fast, and copycats move faster. If you’re building a brand or investing in creative work, don’t rely on assumptions. Know the difference between trademark and copyright, and use them both to your advantage.
