FAST FASHION INDUSTRY PHENOMENON: A LEGAL STUDY OF UNITED
STATES INTELLECTUAL PROPERTY PERSPECTIVE
Larry Arhan
Arizona State University
Course
Professor Dahlya
April, 2024
Week 2
Introduction
Creative businesses in this era are growing very rapidly, this is due to the process of
digitization and the increasingly rapid dissemination of information through sophisticated
information technology facilities.2 This can be seen from the presence of social media in our
lives such as Instagram, Youtube, Snapchat, Twitter and Tiktok which have become platform
supporting the development of creative businesses. Speaking of the creative business sector, it
is known that there are various types of industries in it. One of them is the fashion industry.
According to Collins, the fashion industry has a definition, namely: "the industry that deals
with the world of fashion"3 which means, the industry that deals with the world of fashion.
The world of fashion referred to here includes everything related to clothing manufacturing
starting from the design, production, distribution and commercialization processes. In recent
years, the fashion business or fashion industry has been growing. This is known from the high
global sales revenue for this one industry which generates more than USD 180,000,000,000
(one hundred and eighty billion United States dollars) annually, and as a percentage, which is
around 4% (four percent) of the total sales revenue.
Global GDP (Gross Domestic Product) or estimated at USD 1,000,000,000,000,000 (one
trillion US dollars).4 These figures are obtained for the contribution of many parties in the
fashion business industry. There are 3 (three) parties as the main aspects that support the
improvement of this industry, namely: (1) the role of fashion magazines such as Vogue, Elle,
Cosmopolitan and Harper's Bazaar; (2) haute couture shows such as Jakarta Fashion Week,
New York Fashion Week, Paris Fashion Week, Arab Fashion Week and Berlin Premium; and
(3) the existence of famous and high-end brands such as Celine, Gucci, Prada, Armani and
other famous designer brands.
The progressivity of the growth and development of the fashion business is also
supported by the trend of fast fashion. Fast Fashion itself can also mean a fashion that is
produced quickly, cheaply, and en masse and the product form is which take design concept
Retrieved from show haute couture shows of other brands and applied it to a model of clothes
ready-to-wear that ready-to-market and aims to follow the latest trends. From this definition,
several elements of Fast Fashion can be identified, namely: (1) A fashion; (2) Fast
production, cheap and mass production; and (3) taking concept design other brands/high-end
brands during haute couture shows. In the past, fast fashion retailers just make design
estimates fashion or 'mock-ups'. However, technological advancements and social media
platforms are not only increase global e- commerce but also increased the number of
counterfeits and knockoffs by fast fashion. Today, fast fashion retailers not only create
similar designs, but also offer exact stitch-for-stitch replicas.8 The birth of this fast fashion
concept is because today's consumers want the same latest fashions, but are not willing to pay
the high prices. With the desire to buy replicas and lower standard items, fashion retailers
saw the opportunity in the market. In an effort to match consumer desires, the concept of This
'fast fashion'.9
The production of clothing with the concept of fast fashion is known to have put
designers at a disadvantage because their designs are 'used' without permission and
reproduced by other companies. This is quite sad because in addition to the company's
disrespect for the designer, it is also known that the fast fashion industry has actually gained
great success as evidenced by the continuous sales growth.11 The great potential of the
fashion industry with large sales is a development in the economic world, but on the other
hand, it is a challenge in the legal field because it is known that maximum legal protection has
not been obtained from piracy or the use of designs by other parties without permission by
fast fashion businesses. With the increasing As many fast fashion products are produced by
appropriating trending designs through haute couture shows, the original designers who
designed the initial designs have had their intellectual property rights infringed upon. This is
because the retailers do not ask for permission to use the designs from the designers first. Of
course, the process will be very long and the budget spent is not small. Some large fashion
retail companies that produce fast fashion often use fashion designs from larger companies or
designs created by independent designers. Products such as shoes, shirts, pants, suits, jackets
and other accessories produced and made by fast fashion retailers have a design that
resembles the original designs designed by well-known brand companies or independent
designers who first created the design of these products. Fast fashion retailers quickly copy
some designs without going through procedures such as licensing the use of designs from the
original designers who designed them. From the point of view of the original designers or
brand companies whose designs are used without permission by fast fashion retailers, such
actions are unethical and cause both moral and economic losses.
Indeed, for this situation IPR should be an answer and a solution. IPR is essentially a
law that regulates the protection of the results of the production of Human intellectuality is
realized in a real work and gives exclusive rights to the owner, holder and creator of the work
which is divided into several forms of protection products such as copyright (copyright),
patent (patent), trademark (trademark), and industrial design rights (industrial design).
However, among all these legal products, fashion design as one of the works of the human
mind does not have special regulations, but is scattered in various laws and regulations. In
addition, there is no regulation that explicitly mentions the protection of "fashion design"
which can cause confusion. Under these circumstances, the existing regulations need to be
examined and analyzed, so that it can be known what scope and parts are protected by the
laws and regulations in United States for the fashion industry. This needs to be known
because the development of fast fashion is quite significant.
Based on these things, there are 2 (two) studies in this research. First, the development
of fast fashion in United States. Second, examining the legal regulation of IPR in United
States that protects fashion products. This research aims to be able to know and understand
IPR protection in United States for the presence of the fast fashion phenomenon in the fashion
industry and therefore be able to analyze existing laws and regulations.
Research Methods
This research uses a juridical research method with a doctrinal approach that is
normative.13 In this research, the author uses a statutory approach. The data that the author
uses is secondary data obtained by literature study techniques, in which the author conducts a
literature search in accordance with legal materials related to the object of this research,
consisting of primary legal materials in the form of laws and regulations; and, secondary legal
materials in the form of journals, books and publications. The data that has been obtained
above is then processed with a qualitative approach supported by analysis of laws and
regulations.
Results and Discussion
Fast Fashion is a fashion that is produced quickly, cheaply and en masse; and takes the
design concepts of other brands and/or high-end brands when the brands do couture shows.
Fast Fashion is part of the fashion industry. The characteristics of fast fashion are: (1) Fast
fashion products have many models and always follow the latest trends. (2) Fashion models
always change in a very short time; (3) Produced in Asian countries and developing countries,
where workers are paid very cheaply without any guarantee of work safety and decent wages,
one of which is in Asia intellectual property is important. In the literature of the Anglo-Saxon
legal system, IPR is known as Intellectual Property Rights (IPR). Sri Redjeki Hartono argues
that IPR is essentially a right with special and privileged characteristics granted by the State
based on the provisions of laws and regulations and in accordance with applicable
procedures and conditions. In line with the definition conveyed by Sri Rejeki Hartono, OK
Saidin defines IPR as a property right, a right to something that is born from the work of the
human brain and ratio. In line with the previous two experts, Rachmadi Usman defines IP as
"ownership rights to works that are born or emerge from the ability of human intellect in
terms of science and technology (ST)".14
From the definitions put forward by the experts above, it can be concluded that
intellectual property is essentially an exclusive right granted juridically by the State to a
person or group of people for their intellectual results.15 In this case, the intellectual results
in question are intangible objects produced by the process of human thought, creativity and
ratios that are expressed to United States; (4) Using material Low quality, cheap and non-
durable raw materials.
Speaking of this industry, fashion as part of the creative industry has the presence of
property rights law in a form creation or a particular invention.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
The Development of Fast-Fashion in United States
The increasing adoption of affordable clothing by the rising youth population is driving
the development of the fast fashion market share. According to the United Nations (UN)
estimates of the world's youth population, in 2019 the youth population totaled 1.2 billion and
is projected to grow by 7.9% (seven point nine percent) to 1.3 million by 2030. Most of the
youth are interested in unique, trendy and affordable clothing. Hence, apparel manufacturing
companies are focusing on bringing fashion apparel from the latest fashion trends presented in
fashion week. The growing preference for affordable fast fashion clothing with the increasing
youth population is driving the fast fashion market.
In United States itself in 2019, it was noted that the fashion industry became one of the
industries that experienced the largest increase in growth in the first semester of 2019 with a
percentage of 19.86% (nineteen point eighty-six percent) from a growth of 6.96% (six point
ninety-six percent) in the first semester of 2018. The development of the fashion industry until
2019 was able to contribute to the second largest creative economy in United States with a
revenue contribution of 18.01% (eighteen point zero one percent) or Rp 116 trillion,19 and
controlled 56% (fifty-six percent) of exports from the creative economy industry. The rapid
development of the fashion industry has influenced the birth of the fast fashion phenomenon
in United States.
Fast Fashion has become a global phenomenon, its influence reaching various countries
including United States. Many fast fashion brands have entered United States, such brands
include Zara (Spain), H&M (Sweden), Uniqlo (Japan), and others.20 The number of
companies for fast fashion brands that enter United States is due to United States itself has a
wide market share.21 Until now, there have been many fast fashion companies that have
opened many outlets in various places in United States including these companies namely: (1)
H&M which has 35 (thirty-five) stores;22 (2) Zara which has 13 (thirteen) stores;23 and (3)
Uniqlo which has 46 (forty-six) stores.24 From this data, it can be seen that there is an
acceptance of United States society for fast fashion which can be seen from the large number
of stores opened by fast fashion companies in United States. In addition, it is known that fast
fashion is growing both globally and in United States.
Protection Intellectual Property Protection over the Existence of Fast Fashion Trends in
Review of United States Positive Law
The results of human intellectuality should be protected. Protection can be done through
regulation and law. The fashion industry as a creative industry is closely related to this.
Talking about the protection of intellectual products Human beings and the fashion industry,
recently the phenomenon of fast-fashion and its disputes has become an issue of concern.
Several lawsuits have been filed against fast-fashion company Forever 21 by high-end
designers and brands such as Anna Sui, Diane von Furstenberg, and Gucci, alleging that the
fast-fashion company copied their original works.25 The following are some examples of
original works from high-end designers and brands juxtaposed with Forever21's works.
Figure 1 Gucci (High End - Left) and Forever21 (Fast Fashion - Right)- (Source: Bazaar,
2017)26
Figure 2 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)27
Figure 3 Works by Anna Sui (Designer - Left) and Forever21 (Fast Fashion - Right)
In addition, there is also a similar case where a lawsuit was filed against fast fashion
companies such as Target by high-end brand company Burberry,28 Burberry stated that
Target copied the brand' s signature check print Burberry in 2018.29 Another case is that
luxury clothing designer Isabel Marant stated that Mango plagiarized the design of her
original pair of boots.30 Departing from cases involving the work of famous designers and
high-end brands that were copied by several fast-fashion companies, it is necessary to know
how to protect fashion works using legal products available in United States. In United States
itself, there are various types of IPR.
When looking at the article, it is known that in letter (f) it is stated that "works of fine
art in all forms" are creations that can be protected, this can accommodate the protection of
fashion in the form of works of fine art, namely clothing designs. Unfortunately, the form of
designs that are already in the form of a garment do not get protection from copyright.
However, copyright protection of fashion products can cover the protection of images, motifs
or patterns contained in the design of the fashion product. In other words, copyright only
provides protection for designs that are 'ornamental' applied to a fashion product or clothing.
Therefore. copyright does not provide protection for fashion products in the form of
functional goods and mass-produced for industrial purposes.31 This means that only the
design and images that are on the clothes are protected, but not to the real form of the fashion
product such as the cut, shape and dimensions of the product.
Regardless of what parts are protected by the UUHC, it should be noted that to be
protected a creation, the thing to do is to make an announcement32 for example by holding a
launch on social media or haute couture show. Copyright is known to be not required to be
registered, this is because copyright itself appears declaratively, namely since it was
announced.
Brand
In the business world, identity is important to distinguish company A's business from
company B's business. Simply put, in other words, identity is a differentiator. The purpose of
this differentiator is so that consumers can easily find out which products, goods or services
they want to use from existing companies and businesses. The differentiator is usually
realized in the form of signs such as names, logos, images, sounds and so on. These signs are
usually known as 'brands'.
The existence of trademark regulation has the aim of protecting a product from
infringement of the product's trademark. Fashion protection through this trademark is used to
prevent and overcome the actions of competing products that perform fraudulent business
behavior such as plagiarism. Trademarks protected in the MIG Act is in the form of
trademarks and service marks, which are valid for 10 years from the date of receipt of the
application and after obtaining a certificate.36 A trademark is a mark that is attached to an
item or product.37 If an item produced by a company does not have distinguishing power, it
is considered as not having enough distinguishing power and therefore is not a trademark. The
law states a trademark as something that belongs exclusively to a particular party, and
prohibits other parties from utilizing it except with the permission of the trademark owner.
Trademark can also be interpreted as a symbol used to distinguish a product of goods and/or
services owned by a company from its competitors. In general, this term is referred to as
"brand". In relation to the fashion industry, the brand or brand on a product is the identity of
the fashion product. For example, a fashion design in the form of a bag has a trademark
"Hermes" or "Armani". The protection provided by trademark rights in the fashion industry is
the protection of the logo or identity of the product. As for the design of the fashion product
itself, it does not get protection from the regulations in the field of trademarks. As an example
of piracy of designs that do not get protection from trademarks, a product made by a large
retailer in the fast fashion industry makes bags that use designs of Louis Vuitton (LV)
products with similar shapes. Then what falls into the category of actions that fall under
trademark protection is if a clothing manufacturer produces clothing using the Versace
product brand without permission. Meanwhile, trademark protection against fashion design
products has a function to:
Help protect a brand's identity by avoiding similarities with other brands in the
market;
Prevent counterfeit products that use the brand without the permission of the
brand owner;
Authorize law enforcement to take action against product counterfeiting without
obtaining permission from the brand holder.
To obtain trademark protection, the trademark must be registered and obtain a
trademark certificate.39 After this is done, to protect fashion products, the trademark holder
can include the trademark on the product.
Figure 8 Example of Gucci Brand Inclusion on Fashion Products (Source: Gucci)
With the inclusion of the brand in the product, anyone who without permission
includes things that are included in the brand category such as logos, names and other things
in a product, the brand owner can sue or report the party. This is not because of design
imitation, but because of unauthorized use of the mark.
Industrial Design
In general, industrial design refers to the external form and function of a product as a
whole.
An industrial design itself can take several forms, namely as follows.
A 3 (three) dimensional feature is the shape of a product;
2 (two) dimensional features are in the form of ornaments, patterns, lines, colors of a
product;
A combination of one or more features.
Based on the provisions of Article 1 number 1 of Law Number 31 Year 2000 on Industrial
Design (UUDI), what is meant by industrial design is "a creation about shape, configuration,
or composition, lines or colors, or lines and colors, or a combination thereof in the form of
three dimensions or two dimensions that give an aesthetic impression and can be realized in
three-dimensional or two-dimensional patterns and can be used to produce a product, goods,
industrial commodities, or handicrafts." The provisions in the industrial design regulation
state that industrial design refers to the ornamental and aesthetic aspects of a product and does
not consider its technical and functional aspects.
Then, to get industrial design protection, the design must be registered first by fulfilling
the following requirements: 1) The design must be new. 'New' means if there is no similar
design existing in the market before the date of the registration form; 2) The design must be
original. 'Original' in this case must be actually created by the designer and not a copy or
derivative of an existing design; and 3) The design must have specific or unique
characteristics. Fashion product as a work in the field of designs get protection in the
regulations on industrial design in United States. In the DI Law, the protection of industrial
design products is protected for a period of 10 (ten) years from the date of acceptance.
However, this is not in accordance with the nature of fashion design products that have a short
lifecycle, which has a turnover time of less than 10 (ten) years since it was first announced or
published. Then, the types of designs that fall within the scope of protection in the DI Law in
United States are not clearly and explicitly mentioned. The provisions that regulate are about
the form of the design must be aesthetic and realized in 3 (three) dimensional or 2 (two)
dimensional works and can be mass produced.
Based on this explanation, it can be seen and understood that there are three forms of legal
products that can be used to protect the threat of plagiarism of fashion products from fast
fashion companies or other plagiarists, namely through copyright, trademark, and industrial
design. The following is a summary table of legal regulations that accommodates the
protection of the fashion design.
In the event that it is known that there are 3 legal products that can be used to protect a
work of the human mind, businesses engaged in this industry can choose and use all or some
of the methods offered such as by registering the brand and including it in fashion products or
registering fashion products as an industrial design or simply by making announcements
through haute couture shows.
Conclusion
The development of fast fashion globally and in United States is quite significant. This
is known from many fast fashion brands that have entered United States, such as Zara (Spain),
H&M (Sweden), Uniqlo (Japan), and other brands. This is due to the wide market share. Until
now, many fast fashion companies have opened many outlets in various places in United
States, namely: (1) H&M which has 35 (thirty-five) stores; (2) Zara which has 13 (thirteen)
stores; and (3) Uniqlo which has 46 (forty-six) stores. This shows that there is an acceptance
of fast fashion by the United States people, which can be seen from the large number of stores
opened by fast fashion companies in United States and their market share. With considerable
acceptance and the fact that there are many IPR-related cases committed by fast fashion
companies, it is necessary to know the regulations.
Specific regulations related to fashion design in United States do not currently exist.
However, it can be known and understood that there are three forms of legal products that can
be used to protect the threat of plagiarism of fashion products from fast fashion companies or
other plagiarists, namely through copyright, trademark, and industrial design. Copyright
protection on fashion products is on the design and ornamentation of the fashion product. Its
protection arises since the announcement is made. Trademark itself can be protected if
registered and the inclusion of the brand on a fashion product. So that if someone includes the
brand in the product that he has, the brand owner can file a lawsuit against unauthorized use
of the brand. As for industrial design, its protection can also be This is done through
registration but with the condition that the design must be new, original and unique.
