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Fashion Copycats On the Prowl
By admins | February 19, 2009
Diane Von Furstenberg dress knocked off by Forever 21
Being in the midst of award season and fashion week, we all are coveting the exquisite yet ridiculously expensive fashion on display. While many of us cannot afford couture, we turn to more affordable brands to give us our fashion fix. Although there is a grave difference between making style affordable to the masses, and straight up copying another designer’s product. Many designers and brands have made a name for themselves by knocking off high-end designers. Chief among them is the brand ABS, who quickly parades their red carpet Oscar knockoffs on morning shows across the country following the Academy Awards. Recently, ABS and fashion label Faviana, débuted gowns inspired by Michelle Obama’s inaugural fashions on the Today Show. Couture evening wear is not the only garment class being copied; actually every category is subject to copycats. Stores like Forever 21 and H&M have made a multimillion dollar business out of knocking off designer looks for less.
Many would argue, as we did here, that all fashion is in some sense copying from elsewhere. Designers, high-end and low, all get inspiration from somewhere and are influenced by what they see in their daily lives, including from fashion rivals. Next time you wander through a mall or department store, see if you can find a garment that is not in some way similar to an existing design; be it in color, fabric, silhouette, or overall aesthetic. But back to the original issue, what about those brands whose true intention is to knock off a particular item as close to the original as possible. The most common question we get is, “is that even legal?” In short, yes unfortunately, it is legal.
Unlike most products in the United States, fashion design is not protected by intellectual property law. While your trademark is protected, like the Levi’s V embroidery, Lacoste’s alligator, or Louis Vuitton’s interlocking LV, the actual garment design is not. Copyright law which protects most artistic works, has an exception for functional creations. So, if your garment is wearable, which of course it is, then it is not protected by law. There is some good news for you graphic designers, graphics like screen prints or original patterns do seem to be covered as artwork. People will often remark, if you have a great design idea you should get a patent for it. Unfortunately, patents only apply to completely new inventions, which as we mentioned above, fashion design is never completely original. This is the reason for the Victoria’s Secret patent “pending” bra campaign. Additionally, in the fast paced world of fashion, by the time the US patent office approved you, your design would no longer be on trend. For more information on the issue of fashion copycats here is a great site counterfeitchic.com
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Topics: designers, fashion industry, shop, trend | 3 Comments » 
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February 20th, 2009 at 11:21 pm
I’m so over Forever21 not only do they knock off everybody else but they don’t even do it well. The quality is pathetic, aughh!
May 19th, 2009 at 11:48 pm
[...] along with the CFDA, have been pushing for the end to knockoffs. Recently this movement to stop copycats has moved forward towards actual legislation. The bill called The Design Piracy Prohibition Act [...]
September 15th, 2009 at 12:29 pm
[...] a print a day. – Returning to the copyright/piracy issue. Over the last year or so, I’ve come across more and more blog entries on artist/designer websites saying their work has been co-opted unexpectedly by a larger manufacturer. So sad. There are a couple of great articles on this issue on the fashion blog 39th and Broadway here and here. [...]