Professor Susan Scafidi was quoted in Law.com where she speaks about the critical role that law plays in the business of fashion.
Fashion’s fondness for trademark is readily apparent from the prominent logos on merchandise ranging from luxury handbags to polo shirts to athletic shoes, but its influence on the development of law is particularly evident in the context of trade dress. From the landmark Supreme Court decision in Wal-Mart v. Samara Brothers on secondary meaning to widespread fascination with the previously obscure doctrine of aesthetic functionality in the footsteps of the struggle between Christian Louboutin and Yves Saint Laurent over red soles, the doctrinal evolution of trade dress protection is dominated by fashion cases.
