Comments on: Legal Patterns | On Fashion Copycats

By: Ylod Sean

Ylod Sean — Mon, 15 Feb 2010 21:06:21 +0000

Interesting point of view and well written article. Cheers

By: forex robot

forex robot — Wed, 09 Dec 2009 05:32:43 +0000

Amazing as always :)

By: Tim

Tim — Sun, 06 Dec 2009 09:15:26 +0000

The problem with proposing such laws is the vast difference between the US and European legal cultures. In IP, US law does not accept most moral rights while European law accepts most moral rights (moral rights includes attribution, future control, presentation, and more).

Staying within the US, there are several Supreme Court cases which specifically say clothing CANNOT be copyrighted – it is established US law. The basic idea is that because a copyrighted work cannot be predominantly functional and clothing is considered almost wholly functional. By that definition, clothing should be covered by patent. However, unlike copyright, patent applications are a long, arduous, very costly process with very little assured protections. By the time a patent is approved, the costs are so high and so much time has elapsed (easily a year, usually more), the protections are rendered ineffective.

One of the first things I read about the DPPA is that it is attempting to redefine “fashion design” that goes beyond mere covering as a creative endeavor and not just a functional item.

By: Hanne

Hanne — Wed, 02 Dec 2009 14:29:51 +0000

Thank you, Kathy. I am sure you’re well covered as far as lawyers go… but if you would nevertheless like to discuss these issues, I’d be more than happy to. / Hanne

By: Kathy

Kathy — Wed, 02 Dec 2009 13:36:13 +0000

Thanks for this great read. I have four Cease & Desist cases going on right now in the US, HK, UK and Brazil. It’s is very frustrating and disheartening when people copy straight from you, not bothering to change anything. I hope that we designers will get more protection, especially when we come up with a ‘signature’ that actually took years to develop.

By: Kerry Bannigan

Kerry Bannigan — Tue, 01 Dec 2009 15:36:49 +0000

Such a great topic to introduce; design copycatting has always been an issue as there is ‘grey areas’ of not knowing what is original, who came up with the design first and what is the fine line that stops it being a copycat.

With so many designers in the world it is worth considering how much inspiration can be unique; especially with daily blogs, magazines, videos etc so readily available for viewing.

By: Keshia Khan

Keshia Khan — Tue, 01 Dec 2009 14:23:06 +0000

This was definitely a great article. It seems to me that it is almost a given that high street fashion will blatantly copy the big fashion houses and luxury designs…afterall, it is almost the point of their existence – take inspiration from haute couture and reconfigure it into everday pieces that the average consumer can afford. The argument is quite intriguing – how can you legally or not tell if a certain design is truly “original”? What makes a certain design original in the truest definition? The comparison to the music industry is a good one – one that I had never thought about the similarities before. Although many copy cat designs are obvious (and most times only if it was a unique piece shown within a season or two that people can remember)…they is clearly a lot of grey area here. Overall excellent article – really has me thinking.

Thanks,
Kesh
Toronto, Canada

By: Staci Riordan

Staci Riordan — Tue, 01 Dec 2009 05:35:10 +0000

Copying is wide spread in the industry with many desingers thinking it is ok, as long as you change the item a cetain percentage. You may be interested in the blog post I wrote: http://fashionlaw.foxrothschild.com/2009/10/articles/fashion-design-copyright/the-30-rule-can-get-your-company-sued/

and also worth noted is the design piracy prohibition act (DPPA) and how it tries to eliminate copying, but allowing for trends:
http://fashionlaw.foxrothschild.com/2009/11/articles/fashion-design-copyright/design-piracy-protection-act-will-not-protect-trends/

@staciriordan

By: mickey

mickey — Tue, 01 Dec 2009 01:30:36 +0000

Just as design patterns form the foundation of good fashion design, legal frameworks enable fashion businesses to defend their financial interests and protect their designs