Here are my two cents.
A design is consider Intellectual property. That is the reason the designer is paid for the idea. The design unless they sell it or give it away remains their's.
IP law is very expense to prosecute and takes a lot of time. Most copyrights and patents are only valid in one country. The designers rely heavy on people doing the right thing. Some items are not copyrightable and some patterns of fabric would not hold up. (For example, a geometric design where the designer would have to "prove" if the case went to court that the pattern was their orginial idea) Sometimes such statements are added as a matter of course and the copyright work has not been done. Cease and desist letters are the first step in prosecution and for many companies the only course of action necessary.
I agree the right step for us all to take is to make sure that the stores we purchase from know we want the freedom to do what we want with the fabric we purchase. I also agree that we should write the manufacturers as well. Voting with our pocketbooks will make a difference.