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fashion copyright Photo Illustration: Monika Kozak/NYLJ; Modustollens via Shutterstock; Photo Illustration: Monika Kozak/NYLJ; Modustollens via Shutterstock;

This is a good moment for everyone in the fashion business to stop, breathe and consider the implications of the biggest shift in the interpretation of American intellectual property law to have affected the trade in decades. Fashion law in the United States has changed significantly in a way unique to the common law legal system: Although not a single word has been altered in any statute, what we know now about the protectability of fashion designs is very different from what we thought we knew a very short time before.

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