Protecting Creativity: Why IP Law Matters in Fashion, Art & Design

Episode Summary:
In this episode, patent attorney Vincent LoTempio returns to explore how creators in fashion, art, and design can protect their intellectual property. Vincent and host Zofia Morales break down why fashion is difficult to patent, how trademarks and trade dress can offer protection, and what creators need to know about copyright ownership, work-for-hire agreements, and avoiding common legal pitfalls. Whether you're a fashion designer, fine artist, or brand builder, this conversation is packed with practical legal guidance.

Key Timestamps:
00:34 – Why copyright law doesn’t fully protect clothing designs
01:48 – How trademarks protect brand names, labels, and knockoff goods
03:22 – The real value of branding in fashion and accessories
04:45 – Speed-to-market as a business defense strategy
06:32 – The concept of trade dress and iconic product appearance (e.g., red-bottom shoes)
08:08 – Limits of design patents in fast-paced industries
09:15 – Copyright vs. trademark in visual art
11:02 – Why written work-for-hire agreements are essential
13:47 – The Nike swoosh case and copyright ownership
15:05 – What small creators should do on a limited budget
17:09 – Dangers of sourcing “free” artwork from the internet
19:11 – Attribution clauses, indemnification, and copyright infringement risks
21:43 – Why royalty-free doesn’t always mean risk-free
23:51 – Proactive legal searches to avoid brand confusion
25:35 – Final advice: “Don’t poke the bear,” avoid conflicts before they happen

About the Show:
Guardians of Innovation explores the power of intellectual property law in protecting ideas, businesses, and creative work. Featuring registered patent attorney Vincent LoTempio, each episode offers practical insights and legal guidance for innovators, entrepreneurs, and creators navigating the patent and trademark landscape.

To Connect with Vincent LoTempio:

To reach Vincent, visit https://www.lotempiolaw.com/ or call (716) 246-IDEA.