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18 J.L. & Pol'y 893 (2009-2010)
Knock it Off, Forever 21 - The Fashion Industry's Battle against Design Piracy

handle is hein.journals/jlawp18 and id is 899 raw text is: KNOCK IT OFF, FOREVER 21! THE FASHION INDUSTRY'S BATTLE AGAINST DESIGN PIRACY Irene Tan* INTRODUCTION For the Presidential Inauguration Ball, First Lady Michelle Obama wore a stunning ivory-colored one-shoulder chiffon gown adorned with Swarovski crystals.' An emerging young designer, Jason Wu, created the dress as a one-of-a-kind piece for Mrs. Obama with no intention of reproducing versions of it for sale.2 Nonetheless, in a matter of days, fast-fashion retailers3 were selling copies of the dress online.4 This phenomenon is * J.D. Candidate, Brooklyn Law School, 2011; B.S., Cornell University, 2006. The author wishes to thank her parents Ni Ju Chun and Jeng Tan, her sister Miranda, her brother Daniel, and her nephew Isaac, for their constant love and support. The author also thanks her faculty advisor, Professor Susan Scafidi, and the members of the Journal of Law and Policy for their help and assistance. Cheryl Lu-Lien Tan, Jason Wu's Dream-Like Vision for Michelle Obama, WALL ST. J., Jan. 21, 2009, http://blogs.wsj.com/runway/2009/01/ 21/jason-wus-dream-like-vision-for-michelle-obama. 2 id. 3 This Article uses fast-fashion retailers to describe retail chains like Forever 21, H&M, and Zara, which are able to provide recent fashion trends on an expedited schedule and at discounted prices. See discussion infra Part I and Ell. 4 Gina Salamone, Fashion's Copycats are Having a Ball Knocking Off Michelle Obama's Gown, N.Y. DAILY NEWS, Jan. 21, 2009, http://www. nydailynews.com/lifestyle/fashion/2009/01/22/2009-01-22_fashions-copycats_ are having a ball knoc.html. Fast-fashion retailer, Faviana, began recreating the dress within hours of its debut on national television. Id. Two days after President Obama's inauguration ceremony, EdressMe was selling copies of