Fashion Flashback – The Copycat

Diane Von Furstenberg dress knocked off by Forever 21

(Fashion Flashback – Originally posted on 2/19/09 – It was just over a year ago when this article was originally posted, and we thought in honor of the recent Oscars and our popular new post on the fashion calendar, it would be a good time to revisit a trend that is unfortunately thriving in the fashion industry. The below post should shed some facts on the issue of knocking off and you may want to click here for more details on the topic. It is certainly a fine line, between knocking-off somebody’s work, versus using high-end fashion as inspiration for affordable , trendy items for the masses.)

Being in the midst of award season and fashion week, we all are coveting the exquisite yet ridiculously expensive fashions 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 multimillion dollar businesses 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.