THREADS OF PROTECTION: INTELLECTUAL PROPERTY PROTECTIONS FOR FASHION DESIGNS IN THE AGE OF GENERATIVE AI

Authors

Nayomi Mendez Andrade

Abstract

This Article examines the limitations of intellectual property law in the United States for fashion designers and their creations. In doing so, it considers the impact generative artificial intelligence technologies have had on such protections. Despite fashion’s cultural and economic significance, U.S. law offers only fragmented protection through copyrights, trademarks, trade dress, and patents. Copyright law is significantly constrained by the useful article doctrine and the separability requirement articulated in Star Athletica v. Varsity Brands. Thus, copyrights only protect separable artistic elements rather than garments as a whole. Trademark and trade dress protections are typically only effective for well-established brands, and they primarily safeguard brand identifiers such as logos. Patents, specifically design patents, are often impractical due to cost and lengthy approval timelines that conflict with the fast-paced nature of the fashion industry. Generative AI exacerbates these shortcomings by enabling rapid and large-scale replication of designs while complicating traditional notions of authorship and ownership. The Article further examines Italy’s intellectual property framework, which provides broader and more flexible protections for fashion designers and their creations.

Recommended Citation

Nayomi Mendez Andrade, THREADS OF PROTECTION: INTELLECTUAL PROPERTY PROTECTIONS FOR FASHION DESIGNS IN THE AGE OF GENERATIVE AI, 21 Wash. J. L. Tech. & Arts (2026).
Available at: https://digitalcommons.law.uw.edu/wjlta/vol21/iss2/3