Cultural Appropriation of Traditional Garment Designs in the Post-Star Athletica Era

Cultural Appropriation of Traditional Garment Designs in the Post-Star Athletica Era

Journal article

33 pages

0736-7694

Part I of this Note analyzes legal avenues commonly employed to protect garment designs prior to Star Athletica. Part II introduces the case, and explains the substantive change it has caused in Copyright Office practices. Part III discusses how the Supreme Court’s decision may influence controversies over cultural appropriation in the fashion industry. This section considers copyright law’s limitations in protecting indigenous garments and analyzes whether—in light of such limitations—disputes that arose prior to Star Athletica would have reached a different outcome today.

Published in : Cardozo Arts & Entertainment Law, vol. 37, no. 2 (2019)

[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2019.

eng