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34 DePaul J. Art Tech. & Intell. Prop. L 1 (2024)

handle is hein.journals/dael34 and id is 1 raw text is: BEAUTIFYING THE HUMAN EXPERIENCE: THE ROAD TO KNOCKING OUT THE KNOCKOFF INDUSTRY THROUGH ADAPTIONS TO COPYRIGHT & DESIGN PATENT PROTECTIONS FOR CLOTHING Moira McCabe* CONTENTS I. Introduction II. Who Benefits From Intellectual Property Protections? A. The Origins of Copyright & Patents B. How Copyrights Have Evolved with the Public's Evolution C. How Patents have evolved with the Public's Evolution III. Advancing Society Through an Aesthetic Experience IV. Clothing has Emerged as a Protectable Form of Intellectual Property A. The Ability to Define What Constitutes Art in the Eyes of the Law B. Fashion is Art V. Design Patent & Clothing A. Ornamental or Functional? B. Design Patents' Originality C. Novel D. Non-Obvious E. The Length of Receiving a Design Patent vs. The Nature of the Fashion Industry VI. Trade Dress & Clothing VII. The Road to Adequately Protecting Clothing * Moira McCabe is a 2024 DePaul University College of Law J.D. Candidate. Moira is a senior teaching assistant for the Academic Success Program at DePaul and is pursuing a certificate in Intellectual Property law. Moira is a member of the International Trademark Association and the Intellectual Property Law Association of Chicago. T Moira spent the summer of 2023 researching and writing this paper under the supervision of Professor Steven Wiser and with the help of Professor Gregory Casimer. Moira gives a special thank you to Professor Wiser and Professor Casimer for their insightful comments and suggestions.