Fashion Law: More than Wigs, Gowns, and Intellectual Property

Author(s)

Mark K. Brewer

Details

Faculty editor: Lawrence A. Alexander
Publication: Law Review
Volume: 54
Issue: 4
Start Page: 739
Month: December
Year: 2017
Type: Article
Instititional Repository (IR) location of full article: https://digital.sandiego.edu/sdlr/vol54/iss4/

Abstract

[T]his article frames the emerging field of fashion law and synthesizes its substance from an international perspective in order to raise the profile of fundamental areas in which the law and fashion intersect as well as identify key areas for future research. Part II examines the background on fashion law, initially focusing on its origins and then examining IP, traditionally the main area of the field. Additionally, the Article defines, frames, and justifies the emerging field of fashion law. Because an exhaustive analysis of the emerging trends in fashion law is beyond the scope of this Article, Part III only focuses on some of the most active areas to show the relevance and importance of the law in the world of fashion as well as indicates the need for further engagement by the academy, the legislature, and the judiciary. First, the Article explores deficiencies in current IP law, particularly how IP law may inhibit innovation and creativity. Second, the Article examines fashion’s impact on society, including the manner in which fundamental rights and health issues inextricably connect with the fashion industry. Third, the Article analyzes the impact of the fashion industry on labor and weaknesses in the law. Fourth, the Article finally probes the fashion industry’s relationship with environmental and corporate sustainability. Through such analysis, the Article illustrates the importance of the evolving field of fashion law to business and society as well as the rich research opportunities for legal scholars with a sense of sartorial curiosity.