I 
109TH CONGRESS 
2D SESSION 
H. R. 5055 
To amend title 17, United States Code, to provide protection for fashion 
design. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2006 
Mr. GOODLATTE (for himself, Mr. DELAHUNT, Mr. COBLE, and Mr. WEXLER) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To amend title 17, United States Code, to provide protection 
for fashion design. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PROTECTION FOR FASHION DESIGN. 
(a) DESIGNS PROTECTED.—Section 1301 of title 17, 
United States Code, is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3) FASHION
DESIGN.—A fashion design is 
subject to protection under this chapter.’’; and 
(2) in subsection (b)— 
VerDate Aug 31 2005 
04:35 Apr 01, 2006
Jkt 049196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5055.IH
H5055
ccoleman on PROD1PC71 with BILLS
(A) in paragraph (2), by inserting ‘‘or an 
article of apparel,’’ after ‘‘plug or mold,’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(7) A ‘fashion design’ is the appearance as a 
whole of an article of apparel, including its ornamen-
tation. 
‘‘(8) The term ‘design’ includes fashion design, 
except to the extent expressly limited to the design 
of a vessel. 
‘‘(9) The term ‘apparel’ means— 
‘‘(A) an article of men’s, women’s, or chil-
dren’s clothing, including undergarments, outer-
wear, gloves, footwear, and headgear; 
‘‘(B) handbags, purses, and tote bags; 
‘‘(C) belts; and 
‘‘(D) eyeglass frames.’’. 
(b) DESIGNS NOT SUBJECT TO PROTECTION.—Sec-
tion 1302 of title 17, United States Code, is amended in 
paragraph (5)— 
(1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A) in 
the case of a design of a vessel hull,’’; 
(2) by striking the period and inserting ‘‘; or’’; 
and 
(3) by adding at the end the following: 
VerDate Aug 31 2005 
04:35 Apr 01, 2006
Jkt 049196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5055.IH
H5055
ccoleman on PROD1PC71 with BILLS
‘‘(B) in the case of a fashion design, embodied 
in a useful article that was made public by the de-
signer or owner in the United States or a foreign 
country more than 3 months before the date of the 
application for registration under this chapter.’’. 
(c) TERM OF PROTECTION.—Section 1305(a) of title 
17, United States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
protection provided under this chapter— 
‘‘(1) for a design of a vessel hull shall continue 
for a term of 10 years beginning on the date of the 
commencement of protection under section 1304; 
and 
‘‘(2) for a fashion design shall continue for a 
term of 3 years beginning on the date of the com-
mencement of protection under section 1304.’’. 
(d) INFRINGEMENT.—Section 1309 of title 17, 
United States Code, is amended— 
(1) in subsection (c), by striking ‘‘that a design 
was protected’’ and inserting ‘‘or reasonable grounds 
to know that protection for the design is claimed’’; 
(2) in subsection (e), by inserting ‘‘or from an 
image thereof,’’ after ‘‘copied from a design pro-
tected under this chapter,’’; and 
VerDate Aug 31 2005 
04:35 Apr 01, 2006
Jkt 049196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5055.IH
H5055
ccoleman on PROD1PC71 with BILLS
(3) by adding at the end the following new sub-
section: 
‘‘(h) SECONDARY LIABILITY.—The doctrines of sec-
ondary infringement and secondary liability that are ap-
plied in actions under chapter 5 of this title apply to the 
same extent to actions under this chapter. Any person who 
is liable under either such doctrine under this chapter is 
subject to all the remedies provided under this chapter, 
including those attributable to any underlying or resulting 
infringement.’’. 
(e) APPLICATION FOR REGISTRATION.—Section 1310 
of title 17, United States Code, is amended— 
(1) in subsection (a), by striking the text and 
inserting the following: 
‘‘(1) VESSEL HULL DESIGN.—In the case of a 
design of a vessel hull, protection under this chapter 
shall be lost if application for registration of the de-
sign is not made within 2 years after the date on 
which the design is first made public. 
‘‘(2) FASHION DESIGN.—In the case of a fash-
ion design, protection under this chapter shall be 
lost if application for registration of the design is 
not made within 3 months after the date on which 
the design is first made public.’’; and 
VerDate Aug 31 2005 
04:35 Apr 01, 2006
Jkt 049196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5055.IH
H5055
ccoleman on PROD1PC71 with BILLS
(2) in subsection (b), by striking ‘‘for sale’’ and 
inserting ‘‘for individual or public sale’’. 
(f) EXAMINATION OF APPLICATION AND ISSUE OR 
REFUSAL OF REGISTRATION.—Section 1313(a) of title 
17, United States Code, is amended by striking ‘‘subject 
to protection under this chapter’’ and inserting ‘‘within 
the subject matter protected under this chapter’’. 
(g) 
RECOVERY
FOR
INFRINGEMENT.—Section 
1323(a) of title 17, United States Code, is amended by 
striking ‘‘$50,000 or $1 per copy’’ and inserting 
‘‘$250,000 or $5 per copy’’. 
(h) OTHER RIGHTS NOT AFFECTED.—Section 1330 
of title 17, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or’’ after the 
semicolon; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) any rights that may exist under provisions 
of this title other than this chapter.’’. 
Æ 
VerDate Aug 31 2005 
04:35 Apr 01, 2006
Jkt 049196
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5055.IH
H5055
ccoleman on PROD1PC71 with BILLS