AIPLA Fashion Bill / HR 2511 Resolution Passes 16 to 1

Announcement Description

The Committee’s Resolution on HR 2511, the Innovative Design Protection and Piracy Prevention Act - the new fashion bill was presented to the Board at the Annual Meeting, and  the Board adopted the resolution with one amendment by a vote of 16 to 1. 

Following is the final text of the Resolution from our notes. 

AIPLA Board Resolution on H.R. 2511,

The Innovative Design Protection and Piracy Prevention Act

October 23, 2011 

RESOLVED, that the American Intellectual Property Law Association (AIPLA) continues to favor, in principle, enactment of fashion design protection.

FURTHER RESOLVED, that AIPLA supports enactment of H.R. 2511, Innovative Design Protection and Piracy Prevention Act, (Goodlatte), 112th Cong., 1st Sess. (2011), or similar legislation.

SPECIFICALLY, while AIPLA supports H.R. 2511, AIPLA recommends that:

  1. The definition of “apparel”  be non-limiting;
  2. A “closely and substantially similar” infringement standard be adopted;
  3. Any infringement test that approximates a “point of novelty” test be eliminated;
  4. Color be permitted as a consideration in determining the scope of protection of a fashion design;
  5. Notice not be required for recovery of damages;
  6. Sellers and distributors of infringing designs be liable for their infringement;
  7. Registration be required for fashion designs, with the power to enforce said registrations be vested to the Secretary of the Treasury and Postal Service;
  8. Fashion designs be immune from false marking liability, or in the alternative that standing to bring false marking suits be limited to the U.S. Government; and
  9. Design patents be permitted to co-exist with protection for fashion designs under the Act.




Created at 10/23/2011 2:32 PM by Garfield Goodrum
Last modified at 3/23/2012 11:31 AM by Randy Sagara