Fashion designers are turning patents to combat counterfeiting

Hermes Garden Party Tote Design companies tend to the details of nature and have more to think that the length of skirts and buckle handbag - they must decide to seek the protection of U.S. Patent for their appearance. Diane von Furstenberg , famous for her wrap dresses , a design patent has a chainmail bag style . The popular line of French Celine an envelope style handbag sported by many fashion experts at Fashion Week in New York. This summer alone , brands including Alexander Wang , Balenciaga and death got all design patents by the U.S. Patent and Trademark Office on the accessories , records show . Because U.S. copyrights and brands often do not apply to new , logo -free design , do designers design clothing and accessories to protect , to be targets for knock-offs , industry lawyers said . While some brands like Gucci, have been obtained design for decades, it is becoming the norm for fashion companies to do the same, said intellectual property lawyer Steve Nataupsky . Designs protect the way it looks to better known utility model , the bit being used to route , protect and works in contrast . Design patents have attracted attention in recent years because of the large , high-stakes legal battle between Apple Inc. and Samsung Electronics Co on smartphones and tablets. A jury apple over $ 1 billion last year, even though a federal judge ended up cutting the price by 40 percent and ordered a new trial for certain damages. Although statistics are not available for all design patents related to the particular fashion design patent applications generally increased each year since 2009. Hermes Evelyne Since designs are available only for designs with a certain originality, companies should carefully consider what models or parts of designs deserve protection , said lawyer Harley Lewin, what brands such as Wang and Von Furstenberg. Fashion design company they will expect "big fashion designers " and " have a life of at least a few years ," said attorney Stephen fabrics, and worked with Valentino Versace . Wang, for example, in 2011 a patent for a " stud with groove . " He wanted a patent because he wants to , and found that when identifiable brand , Lewin said, using the studs on handbags and clothing . Wang also received patents for several other versions of nails, and a shoe with a cape under the ankle strap , show the U.S. patent records . Also assess brand fashion savvy , what not to patent it, said prosecutor Elizabeth Ferrill . If a design patent covers an entire design, those who usually copy can escape liability as long as there are differences between the product and the original. And if part of a design , like a handful of complicated wallet is particularly expensive or complex, it is less likely that a company is trying a cheaper version to copy the game , Ferrill said. As a result, companies can exclude this element of the application , so if someone copies the rest of the article is a lever to stop the brand. Design patents , which is also an advantage for designers who look to keep their secret , they want to reach the track for 14 years , said the lawyers. Although applications are usually filed before the goods are presented to the public , the U.S. Patent Office has no application until a patent is granted. Hermes Evelyne Bags This publication usually takes a year or more after the filing of what real time to find a place on the shelves of the store.