Women's Wear Daily is reporting that the American Apparel & Footwear Association and the Council of Fashion Designers of America have failed to meet a compromise on legislative language that would amend H.R. 2033, a bill that would prevent designers from making garments and accessories that look the same or substantially similar to protected designs.
The WWD article quotes the AAFA Chairman as saying that the “unintended consequences were untenable,” and that a few of the “sticking points” were:
Inadequate provision ensuring that only truly original designs receive protection.
Potentially a major disruption in trade and new liabilities with U.S. Customs in the form of civil detentions or criminal penalties.
Added costs associated with anticipated lawsuits and research of copyrighted designs.
There will be a more detailed article in WWD tomorrow that will likely flesh-out the details. If fashion design protection wasn't already on the back-burner for members of Congress, it's more than likely that this failure to reach an agreement has moved the kettle off the stove.