Julian Sanchez has a really interesting discussion of fashion copyrights link here. The Council of Fashion Designers of America "is pushing the Design Piracy Prohibition Act, which would create a special, limited three-year copyright in fashion designs, with penalties of $250,000 or $5 per copy for violations. The bill has been under consideration in the House since last year, and in August it was joined by a Senate version introduced by New York Democrat Chuck Schumer and eight cosponsors."

Sanchez goes on to say that the stakes for the high-end industry seem to have risen, as the time between first showing and the appearance of cheap knock-offs has shortened to the point that they appear in markets simultaneously. Up-scale mass marketers like Kohl and Target are involved. High-end tastes are beginning to spread throughout the market. As a result, competition is intensifying, creating the pressure for copyright.

However, having said that, it is unclear whether the high end retailers and designers are in fact damaged and thus whether there is any justification for these copyrights.

Moreover, the great problem will be to define what it is that is copyrighted and what then is a violation. How can you sue when the offense isn't clear, even though you can find a lawyer who will try.

In other words, when all is said and done, it sounds pretty dumb.