Abstract
The process of “knocking off” the work of others has been an integral practice of the United States ready-to-wear industry since the 1890s. In the 1930s, the Fashion Originators Guild of America (FOGA) created an internal system to protect its members’ design work, but in 1941 this system was declared in restraint of trade, and the next best protection option laid in the US design patent system. This research examines the 4,523 dress patents issued in the United States between 1936 and 1942, focusing on the designers and/or manufacturers represented and the process and timing of patent applications. Analysis of select court cases of design patent infringement, including a case study of a patent for “The Perfect Dress” by leading FOGA member and ready-to-wear dress manufacturer Samuel Zahn, demonstrates the difficulty of protecting a patented dress design and the complicated nature of what constituted an original design.
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