Design piracy is a widespread practice in the fashion industry. Individuals and firms across every level of the industry engage in, and benefit from, the taking of others’ designs. The copying of small, independent fashion designers, however, poses a unique and significant problem that has yet to be fully addressed by existing intellectual property laws or attempts at reform. This Note pinpoints and evaluates potential remedies for independent designers whose work is copied without attribution or compensation. It first examines the viability of legal action by such designers in the wake of Star Athletica, L.L.C. v. Varsity Brands, Inc., a recent Supreme Court opinion that strengthened copyright protection for clothing designs. It then examines nonlitigation avenues through which designers may seek recourse. Ultimately, this Note concludes that even though Star Athletica has strengthened designers’ legal claims, there remain practical barriers to the pursuit of litigation, and independent designers may benefit from strategies such as turning to social media and seeking pro bono legal services. On a broader level, this Note illuminates the notion that fashion should not be relegated to the realm of the frivolous and the feminine: It implicates issues including worker exploitation, racial inequity, and social change, and is worthy of greater intellectual attention.

* J.D. Candidate, Stanford Law School, 2023. This Note would not exist without the generous guidance and feedback of Lisa Ouellette. It also would not exist without the invaluable insights shared by K. Tyson Perez, Kari Fry, and Amy Lehman during our interviews. Thank you also to Mark Lemley, who went out of his way to provide comments; my friends and family, who listened when this Note was merely an incipient idea; and the hardworking editors of the Stanford Law Review—especially Sydney Jordan, Spencer Furey, Collin Fredricks, Jenny Portis, Lexie Shah, and Mary-Claire Spurgin. Any mistakes are purely my own.