Working from the premises that fashion designers ought to enjoy some form of intellectual property protection over their creations and that they benefit from such protection, this chapter explores the problems that fashion designers are likely to face when seeking to enforce their rights in the United Kingdom. Like other commentators, we conclude that designs law in the United Kingdom is a mess and is in need of reform. We also argue that Brexit has made the problems faced by designers worse, without necessarily creating the policy space for meaningful national reform. One consequence may be that designers are likely to rely even more heavily on the copyright system, but this merely shifts the tensions of Brexit from the legislative and political realms to the judicial realm.

The transformation of the sneaker from functional sportswear to a coveted symbol of high-end fashion, represents one of the most significant sartorial shifts in recent history. As demand for sneakers has surged—driven in large part by a renewed interest in fashion among men—competition within the market has intensified. In response, designers have increasingly sought new ways to protect the distinctive appearance of their products. This chapter shows that empirically, the sneaker revolution has increased demand for Australian 3D shape trademarks rather than for registered design rights. This chapter discusses this trend as a cautionary tale for those who might call for a sui generis design right for fashion. This study contends that the lack of demand for Australian design rights arises from a failure to consider aspects of culture, commerce, and the matrix of related rights, particularly trademark rights.