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4 Convergence 4 (2008)
Fashion and Copying: Imitation Is Not the Sincerest Form of Flattery

handle is hein.journals/convrg4 and id is 6 raw text is: CONVERGENCE Vol 4 No 1 July 2008 Fashion and Copying: Imitation is not the Sincerest Form of Flattery David Jacoby and Judith S Roth' 'All is for the best in this best of all possible worlds.' Dr Pangloss in Voltaire's Candide Introduction An article by two law professors which appeared in The Virginia Law Review in late 2006 about fashion design and copying2 has sparked a torrent of comment in the non-concentric circles of law, fashion and academia. The article argues that rather than being disadvantaged by a system of intellectual property (IP) protection that offers only modest protection for 'design' aspects of clothing, the fashion industry successfully incorporates copying into its business cycle, allowing copyists to exhaust trends faster so that new 1 DavidJacoby, AB Princeton University, 1975,JD Columbia University, 1978, law clerk, Hon William H Timbers, US Court of Appeals for the Second Circuit (1978-79), past Senior Vice-Chair, IBA International Litigation Committee, Adjunct Professor of Law, Fordham University School of Law. MrJacoby is a partner resident in the New York office of Schiff Hardin LLP. Judith S Roth, BA Cornell University, 1974,JD Columbia University, 1977, recipient Lawrence S Greenbaum Prize, Adjunct Professor of Law, Fordham University School of Law. Mrs Roth is of counsel, resident in the New York office of Schiff Hardin LLP. The authors have addressed design protection issues in their practice, primarily although not exclusively acting for design creators and proprietors. The views expressed in this article are solely those of the authors, and do not express the position of Schiff Hardin LLP or its clients. 2 Kal Raustiala and Christopher Sprigman, 'The Piracy Paradox: Innovation and Intellectual Property in Fashion Design' (2006) 92 U Va L Rev 1687 ('article'). Extracts also have appeared in The New Republic online (15 March 2005) and various blogs.

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