Comments on: Copyright Infringement, Fashionable?

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By: Fame Appeal

Fame Appeal — Sun, 04 Jul 2010 18:05:09 +0000

Ever since realizing that Lanham act does not protect fashion designers… I try to keep up to date with design infringement cases at http://www.fameappeal.com

There is bill in congress H.R. 2196: Design Piracy Prohibition Act that will hopefully solve our problems but there is little support for it

By: JoAnna

JoAnna — Wed, 10 Mar 2010 03:55:40 +0000

I posted a bunch of links to delicious a while ago with a bunch of examples of fashion infringements.

Here they are again if you’re interested:
http://www.stylelist.com/2010/02/10/marc-jacobs-takes-ed-hardy-to-court/

http://www.stylelist.com/2010/02/22/burlington-coat-factory-ordered-to-pay-fendi-4-7-million-in-law/

http://www.stylelist.com/2010/02/23/custo-barcelonas-david-dalmau-facing-jail-time-over-alleged-cop/?icid=main|main|dl3|link6|http%3A%2F%2Fwww.stylelist.com%2F2010%2F02%2F23%2Fcusto-barcelonas-david-dalmau-facing-jail-time-over-alleged-cop%2F

I really think it depends on the severity of the copying. The Marc Jacobs/Ed Hardy example is blatantly obvious. The bags are identical minus Ed Hardy’s signature tattoo print. However, if it wasn’t for the cartoon picture right next to it, I would have never associated Dalmau’s design with Tweety Bird. I think it comes down to whether someone will look at a design and reasonably associate it with the work of another designer.

By: Alena

Alena — Fri, 26 Feb 2010 03:47:30 +0000

I agree with what Chelsea is saying, but Jessica Litman made a good point in “The Exclusive Right to Read” in saying that:

“in the short run, perhaps. clothing prices would come down as legitimate designers tried to meet the prices of their free-riding competitors. In the long run, though… the diminution in the incentives for designing new fashions would take toll. Designers would still wish to design, at least initially, but clothing manufacturers with no exclusive rights to rely on would be reluctant to make the investment involved in manufacturing those designs and distributing them to the public. The dynamic American fashion industry would wither, and its most talented designers would forsake clothing design for some more remunerative calling like litigation”

this seems to make sense too, right? However, Litman then clarifies that we don’t and never have had copyright protection for fashion, and this clearly has not happened yet. it’s an interesting topic… i wonder what the result of all these cases against forever 21 was?