Most countries provide legal protection for fashion designs, but in the United States fashion designs are not protected by traditional intellectual property protections. Copyrights are not given to apparel because clothing, which is practical and original, are considered "useful articles," in contrast to works of art. Clothing usually does not meet the criteria for a patent and trademarks don't protect the clothing itself, only logos and brand names.

In March 2006, Congressman Robert W. Goodlatte (R-Va.) introduced the Design Piracy Act, H.R. 5055. The bill, which is pending in the United States House of Representatives, provides copyright protection to all fashion designs for a period of three years. The bill would amend the Copyright Act of 1976.

The Act states that protections would include "the appearance as a whole of an article of apparel, including its ornamentation." The definition of 'apparel' includes "an article of men's, women's, or children's clothing, including undergarments, outwear, gloves, footwear, and headgear, handbags, purses, tote bags, belts and eyeglass frames."

The designer would have to register with the U.S. Copyright Office within three months of going public with the design to receive the three-year period of protection. Because the production life cycle for fashion designs is quite short, a three year protection term was decided upon. The legislation ascertains damages for infringing a fashion design at $5 per copy.

In the United States, counterfeit merchandise costs American companies between $200 and $250 billion loss in sales and is even responsible for 750,000 Americans losing jobs, according to the US Customs and Border Protection (CBP). Congressman Goodlate has said, "…By protecting a designer's original work we are also protecting the many jobs that support that design."

President and CEO of Hermes, Patrick Thomas said, "It is a very strange statement to see that in the U.S. the trademark is protected, but the model, the shape or the design itself can not be protected. Our creative activity in fashion and accessories are of the same nature as the professional efforts put into developing movies, music, or medicines."

Critics argue that the industry is booming commercially and encourages originality and that copyright laws cannot determine protected elements from non-protected elements. They believe that by expanding copyright protection, the fashion industry would be severely suppressed and suffer for it.

Congressman Goodlatte stated upon introduction of the bill to the House Committee on the Judiciary, "As America's fashion design industry continues to grow; America's designers deserve and need the type of legal protections that are already available in other countries."