Fashion designers "knock off" each other. The famous Balenciaga patchwork dresses were almost exact copies from an obscure designer (he actually copied the shapes for the patchwork). When it was found out and Nicolas Ghesquiere was asked about it, he nonchalantly admitted to it. That collection was still citically acclaimed and nothing happened to him.
This is not going to be an easy law to pass. There is too much left to interpretation. Would it be whoever came up with a particular style of design first would be the "owner" of the copyright? What if a housewife in Missouri came up with that particular design back in 1950, would she have legal standing? (This is from the shirtdress or tuxedo dress examples in the article.)
I do think when people "are inspired" or "knock off" designers, designers do get hurt by it. People are mixing high and low these days so the clientile does overlap. The designers have valid feelings of being mistreated, but they would also have to recognize their accountability in "knocking off" other designers.
I thought the last two paragraphs were a bit much.
"Gela Taylor, one of the designers of Juicy Couture, whose luxury sweat suits have been much knocked off, said she planned to visit Washington from Los Angeles next month to push for the bill.
"I don't think anybody's naïve about this," Ms. Taylor said"
I agree that Juicy Couture popularized sweat suits and pushed them into "luxury" day wear, but do they really have legal standing even if a bill is passed? They merely popularized an idea (not created a style). They were a part of pop culture, not creative fashion development.
I, however, do agree that something should be done to give economic incentives to fuel innovation and creativity. Fashion is a business, after all.