Fashion Co.'s Exit From Prom Dress IP Suit Gets 2nd Circ. OK

Law360, New York (October 15, 2012, 7:12 PM EDT) -- The Second Circuit on Monday affirmed the dismissal of a copyright infringement case brought by Jovani Fashion Ltd. against another clothing designer, ruling that a prom dress is not copyrightable simply because it features sequins and crystals on the bodice and horizontal satin ruching at the waist.

The court said Jovani had taken too “narrow” a view of a garment's function in arguing that it should be allowed to sue Fiesta Fashions for allegedly aping one of its copyrighted dress designs. Jovani said design elements that...
To view the full article, register now.