The scourge of trademarks

Today our hero detonates the dumb bomb on the topic of fashion copyrights:

Fortunately, in the realm of fashion we don’t need to speculate. We know what a world without fashion copyrights would look like, because we live in one today and we’ve always lived in one. It’s a world full of innovation in the field of design, and also full of various kinds of knock-off. Fashion leaders introduce new concepts, and cheaper imitators come along and follow the pack. In order to remain distinctive, the leaders are driven to further imitate.

First, let's give our beleaguered hero the benefit of the doubt and assume that last word was supposed to be "innovate," shall we? Second, let's meditate, deeply: Cradle your head in your hands and let your mind empty of all thoughts. Wait, while you're looking down, what's that on your shoe? A swoosh? Hey, are those the new $15 Nikes made by Adidas?

The point, of course, is that fashion intellectual property is protected -- but through trademarks, not copyrights. That's why your clothes are covered in logos and your girlfriend's handbag cost $1500. $1500. FOR A HANDBAG. But why did the bag cost $1500? you might ask. Because your girlfriend's a moron. But that's beside the point.

Fashion is an industry without copyright, but it is an industry highly skilled at protecting its designers' intellectual property. If it weren't, manufacturers like Louis Vuitton wouldn't be able to stay in business -- the work would be copied exactly, prices would plummet, and the design premium would be lost.

Does this mean fashion intellectual property is remotely like publishing intellectual property? Of course not, but just because the rules are different doesn't mean that there are no rules. And treating fashion like it's some sort of libertarian utopian ideal? Well, our hero's got the market cornered on that.