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Fashion Meets Web3: The Threadbare
Protection for Designers Spills Over into
the Decentralized World
Victoria Fahey*
INTRODUCTION
oday, the global fashion industry generates more than two trillion
USD annually, and everyone is a consumer of fashion-even those
who claim they just throw on an outfit and go tend to make
conscious fashion choices in their everyday lives.' The industry began to
boom in the 1980s when companies like H&M and Zara created the fast
fashion business model, whereby they imitated the latest trends from the
runway and reproduced them at a lower price point to reach more
consumers.2 This model further developed into ultrafast fashion, a term
coined for brands such as Shein, Missguided, Forever 21, and Boohoo, which
entered the market by being even cheaper and faster alternatives to other
fast fashion giants.3 Fast fashion is extremely successful because it allows
consumers to wear high fashion styles for a fraction of the price.4 This
industry, like many others, benefited greatly from the rise of e-commerce
which allowed consumers to access the hottest trends even more quickly5
and easily stay in the know with high fashion trends.6 This kind of instant
gratification was a boon to the fast fashion industry, as interested consumers
must continuously and cyclically purchase their products to keep up with
J.D. Candidate, New England Law I Boston (2024).
Eleanor Rockett, Trashion: An Analysis of Intellectual Property Protection for the Fast Fashion
Industry, 11 PLYMOUTH L. & CRIM. JUST. REV. 80, 80 (2019); John Zarocostas, The Role of IP Rights
in the Fashion Business: A US Perspective, WIPO (Aug. 2018), https://perma.cc/8VXL-LGPJ.
2 SANVT Journal, The Meaning & History of Fast Fashion, SANVT (May 9, 2022),
https://perma.cc/Q6VZ-3XE8 [hereinafter SANVT].
Solene Rauturier, What Is Fast Fashion and Why Is It So Bad?, GOOD ON You (Aug. 7, 2023),
https://perma.cc/4MUQ-JFRZ.
4 See SANVT, supra note 2.
s Instant Gratification: Today's Consumer Needs It and It's Transforming the Fashion Industry,
LECTRA (Aug. 12, 2019), https://perma.cc/HB6U-6GXU.
6 Id.
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