Legal Question in Intellectual Property in New York

Re: Fashion Design

Unfortunately, the possibiity of there being anything to copyright other than, perhaps, the actual drawing, is small to none. It's why the word "knock-off" came into common use on Canal Street in NYC. What you can do in the future is have the seamstress or anyone else designing for you sign an agreement giving you ownership of the design and thereby protecting yourself by contract (see an attorney to have this written as there are other points that would go into such a document). What you can do about the current design is to try and determine whether there is anything about the design that is unique enough (a belt buckle, a tie strap or buttons) that using such a feature would give such distinctiveness to your dress that someone might be confused as to its origin if it were "knocked off." You could then apply for a trademark of the feature that is so distinctive. The simple example is the the little alligator, the polo player or the Louis Vuitton (sp?) symbol on the handbags/luggage. You should nevertheless send her a letter informing her that the design is yours and that if she attempts to exploit the design you will make an effort to legally stop her (if the design is important enough to you that you're willing to spend the necessary funds to take her to court). Before you do that, you'd want to consult with a lawyer who handles these kinds of matters. Good luck,