Today’s free market is faced with intensive legal issues. In the case of high end apparel designer, Lululemon their patented yoga pants have become a legal issue. Lululemon has filed suit against Calvin Klein, claiming they have infringed on their patented yoga pants.
Fashion Industry and Intellectual Property Rights
: Unlike many other industries, the fashion world has not been granted the same intellectual property rights. Allowing a single company to control a shirt collar, fit or design can impose chilling effects on the industry as a whole. However, there does seem to be a trend, with a recent appeals court ruling granting the famous “red bottom” shoe designer Christian Louboutin exclusive rights to its patented red soles.
Should these patents be granted? While allowing them may disrupt creativity, it will also protect the innovation of many designers. Many who often see their hard work copied without compensation and marketed at reduced prices. Protecting the creative ideas of designers emphasizes and promotes their desire and passion for creating new ideas. Failing to protect them only creates a lack of motivation, which can translate in less innovative and appealing designs.