For decades, American fashion designers have been fighting, to no avail, for a federal law that protects their designs. In light of this inaction at the federal level, this Note explores the possibility of making use of the states’ traditional role as “laboratories of democracy” and passing a state law protecting works of fashion, specifically garment designs. However, this state law would need to overcome the hurdle of the federal copyright-preemption test. After examining the relevant provisions of the federal copyright statute and the preemption test in relation to garment designs, this Note concludes that a state law protecting garment designs could avoid copyright preemption and suggests that New York adopt such a law.