Comments on: Everybody’s talking about | Fashion copycats

By: kathleen

kathleen — Wed, 28 May 2008 15:54:38 +0000

On the question of what constitutes a knock off is precisely where we run into trouble. According to the law, the standard for determining the innovation of a given design is not based on our (arguably) expert opinion -assuming we could arrive at one. Our idea of what consists of a copy differs from the legal definition. The legal definition is based on the opinion of a non-expert, what the *average Joe* thinks looks similar. No offense, but the average person just doesn’t notice that much. Half the population is below average intelligence. If your husband hasn’t noticed you’ve colored your hair but you expect him to notice the difference between a cap sleeve and an extended shoulder? Tucks from pleats? A-line from a half circle skirt? The problem with this proposed legislation is that it would STIFLE, not protect innovation. The reason is simple. Up and coming designers with barely the resources to produce their lines, would now need IP services to wade through applications and approvals. They’d need it because no sewing contractor, pattern maker or retailer would stake the viability of their business (we’d be liable since the designer doesn’t have any money) of what constitutes a copy if the litmus test is determined by John Q Public. So, every designer would need paper. No contractor or buyer would back a designer if they couldn’t prove ownership of their design concepts. Worse, large firms with the resources could lock up innovation by reserving rights to designs they may have no intention of producing. It’s already a problem in patent law, why would fashion be any different? Just imagine the costs of design copyright research. Researching patents and trademarks is already prohibitively expensive. Apparel designs could easily surmount those by a magnitude of a 100. Furthermore, consumers would lose. Prices would increase and selection would decrease. If it’s hard enough now to find options in colors that fit and flatter you at prices in your budget, it’ll be worse later.

By: juliAM

juliAM — Fri, 23 May 2008 19:39:24 +0000

i think it’s perfectly valid to use another designer’s look for ‘inspiration’ since these, usual significantly cheaper, versions allow people access to the look that otherwise would never get near it and therefore it in no way infringes on the original designer’s customer base. the only time i have a problem with copies are when they purport to be made by the actual designer in question. for instance, a balenciaga look-a-like bag, ok. a balenciaga look a-like that bears a faux designer label, emblem, etc (right down to a fake serial number) not okay.

By: Jenifier Lee

Jenifier Lee — Thu, 15 May 2008 07:24:22 +0000

Wow.. Those shoes design looks like robot or a transform designed shoes. I want to see those in my closet.

By: Michele

Michele — Fri, 09 May 2008 15:41:43 +0000

It happens all the time. I have worked with ‘designers’ who scour the markets and shops in countries like Paris and London, buy the items that interest them, and instead of doing an ‘interpretation’ of the design, they just copy the design. This is a world wide occurence, whether in Shanghai, LA or Milan, where small shops who are trying to irk out a living will produce something unique, only to have it copied by big name corporations. The worst part for many of these small establishments is these so called designers and buyers coming in and blantantly showing they were there to copy. Most designers nowadays are too pushed to come up with new and unique ideas on a constant basis, and so they use their travel budget to travel the world to get inspired (read ‘find what they can copy’). There are of course exceptions but they are few and far between. In Europe, as long as there are seven differences from the original design, the product is deemed not a copy. How one interpretates these seven differences is a lawyer’s dream. The wrangling can go on for years and if you are small and straped for cash, what can you do? There does not seem to be a quick, fast, cheap and efficient way to tackle this. The big corporations and big names will continue to take design liberties, and the small guys will continue to suffer in silence. The only thing that seems to work is naming and shaming on the internet – perhaps this is the answer as the world becomes more tech savvy. Michele

By: Caricouture

Caricouture — Fri, 02 May 2008 07:26:57 +0000

Karl Lagerfeld is on the record as saying it’s not copying if you change three details – so there you go! But where do you draw the line between copying and following a trend, which is I think the real question raised by the DvF example?

By: Oliver Sweatman

Oliver Sweatman — Thu, 01 May 2008 20:00:29 +0000

Nice post! I like that combination of analysis and spice! Keep it up, Imran.

By: t

Thu, 01 May 2008 04:29:46 +0000

DVF—soooooooooooooooo full of it.

By: Anjli

Anjli — Wed, 30 Apr 2008 23:26:47 +0000

@ Womens Designer Shoes: I believe that was Victoria Beckham. She told British Vogue that, “I have joined a gym but I can’t bring myself to start. Obviously working out is important – well, I don’t. What do you wear on the running machine? I can’t bring myself to wear flat shoes” (Source: Celebrity Smack Blog). One more thing: I realize that the shoes Steve Madden copied carry the Balenciaga label, but while we’re on the subject of giving credit where it is deserved, let’s acknowledge the fact that the shoes were actually created by none other than the genius Pierre Hardy! : )

By: fashionphile

fashionphile — Wed, 30 Apr 2008 16:32:40 +0000

Balenciaga doesn’t have to worry about the madden shoes…they are plain highlarious….looks like a home economics craft project gone bad….but this would be an obvious open n shut case for copyright infringement…the ombre tank and dress on the other hand is a bit more gray. Its just a different take on a theme….On a more refined level,I’m reminded of that fabulous Miguel Adrover presentation where he reworked Iconic brands into genius collection. Fashion inspires fashion… as long as the the inspiree(new word added just the other day to websters) is taking the inspiration to new heights i think its fair game….The Maddens i don’t think will have and impact on the sales of the original Balenciaga shoe…i mean look at them…the people to worry about are when big corporations knock off smaller houses that cant afford to protect themselves or the ones that make say a Gucci bag thats so identical to the original….for a fraction of the price that most consumers would be easily seduced….They have the most impact on the life of the industry.

By: Womens Designer Shoes

Womens Designer Shoes — Wed, 30 Apr 2008 15:23:55 +0000

Those shoes are hilarious. Maybe these are what Mariah Carey works out in. Didn’t she say she would never workout in anything but heels?