What the law protects in fashion, what it doesn’t, and why copying is so common.
By Shreya S · Last reviewed 15 November 2026
Can you copyright a dress?
In the United States, mostly not: clothes are treated as useful objects, so their cut and shape are generally free to copy. A print or a decorative element that can be separated from the garment can be protected, as the Supreme Court confirmed in the Star Athletica case of 2017. Europe gives designers more: registered and unregistered design rights, and in France strong copyright for original fashion. This text is general information, not legal advice.
What do trademarks protect?
Names, logos and other signs that tell customers who made something: the Chanel interlocking Cs, the Gucci stripe, Burberry’s check. Sometimes even a colour in a position, like Louboutin’s red sole, or a product’s distinctive look, known as trade dress. That is why logos are so valuable, and why luxury houses defend them aggressively.
What is the difference between a dupe and a fake?
A counterfeit copies a brand’s trademark and pretends to be the real thing, which is illegal. A “dupe” imitates the look without the logo and is often legal, though it can cross the line if it copies protected designs or confuses buyers. Fast fashion depends on that grey zone, and independent designers regularly accuse big retailers of copying them. See how to spot a fake and reference vs copying.
What was the MetaBirkins case?
In 2023 a New York jury found that an artist’s “MetaBirkins”, digital images of fur-covered Birkin bags sold as NFTs, infringed Hermès’s trademarks. It was an important early test of how brand protection works in the digital world.
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