IP protections specific to the textiles and apparel industries
The textiles industry, including apparel and some home furnishings, has specific protections that relate to design.
- The equipment or machinery used to produce textile products, such as the sewing machine, cotton gin, and Jacquard loom. Patent protection on equipment or machinery allows the inventor or designer to exclusively produce, use, or sell the equipment for a designated time period, currently 20 years.
- Dyeing formulations.For example, the chemical composition and dyeing process for mauve dye was registered for a patent in 1865 and led to a movement toward chemical dyes.
- When synthetic fibers were developed, starting with rayon and acetate in the 1920s, companies registered patents for the fibers.
- More recent fibers such as Lycra, Dacron, and GoreTex have been protected through trademarks instead of patents. The advantage of the trademark is that its protection is perpetual, compared to the 20-year life of a patent. In addition, the name cannot be used by another company. Thus, trademarks build a unique product name that can be used for marketing based on its easy recognition and also legally protects its use.
Copying or "knock-offs" of successful designs is an accepted and common practice in the fashion business, and the role of IP protection for these constantly evolving designs and "styles of the times" can be complicated.
In a way, being copied is an achievement. It means your products have value, perhaps increasing value, and it establishes your reputation for design.
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"Sometimes we want our ideas to be copied...."
Michael Crooke describes how Patagonia wants to lead others to use environmentally sound products and practices and, in these aspects, welcome copying by others.
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If you have found a way to be more socially responsible and environmentally conscious, perhaps you are innovating expressly so that others will copy you.
Whatever the reason for copying, you should not just throw up your hands and let any innovation be copied. You should consider your product or business idea within the context of the available protections and decide which protections to pursue.
The chart below introduces and compares the characteristics of four main IP protection types.
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Copyright |
Trademark |
Patent |
Trade secret |
What it does |
Protects author's rights to writing, textile design: does not protect 3D design
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Protects name, logo, slogan from use for the reputation of the producer
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Awards monopoly when invention is new, inventive, and industrially applicable
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Keeps ingredients, composition, or manufact-uring process confidential |
Why use it |
Prevents copying of idea in a fixed form, e.g., text or textile design
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Signifies unique features or quality
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Protects products or process from unlicensed manufacture, sale, use
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It's a secret, silly. Disclosure destroys secret |
Registration and disclosure |
No registration
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Registration or not
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Registration process can be long and expensive. Public disclosure of design/ process |
Non-disclosure agreements common |
Time frame |
Life of the author plus 70 years
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No expiration date
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20 years
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No expiration date |
Selling your idea |
Licensed, sometimes for exclusive use
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Licensed
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Licensed
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Licensed |
Indicator |
Copyright ©
2002 by __________
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™ unregistered
® registered
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Patent Pending
Registered Patent |
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Example |
Mickey Mouse, Burberry plaid, and William Morris print |
Calvin Klein, DKNY, and Target's red and white logo |
sewing machine, process for integrating smart sensors in fabric |
formula & process for Geiger boiled wool from knitted fabric |
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