The Milton Case (1955-1962). Defending the Intellectual Property Rights of Haute Couture in the United States

摘要

Until recently, the protection of fashion creativity and innovation has been substantially different on both sides of the Atlantic. This has resulted in difficulties for fashion innovators and for makers of authorized copies when trying to protect their investment in design. During the first half of the twentieth century, Paris remained the centre for creativity in women's fashion design, while New York's garment industry capitalized on copying French design. The Milton case occupies a central place in the battle waged by Paris fashion industrialists against so-called American piracy. This article examines a case that took place between 1955 and 1962. A group of French couturiers filed a lawsuit in New York against F. L. Milton, an American entrepreneur specializing in making and selling sketches of Paris fashions. Paris couturiers considered this type of venture unfair, although the status of his work was ambiguous in the US markets. The case shows the challenges in an industry that occupied a complex position between high and low authorship. This contribution builds upon the case law of the Milton affair, the business records of plaintiffs and defendants, and the archives of professional associations on both sides of the Atlantic.