Fashion Copying: PATENT PROTECTION & COPYRIGHT

by: Alyssa del Rosario

            Fashion copying is widely known in the fashion industry.  You can see this happen when higher end brands seek for inspirations from lower end brands.  Although this seems controversial, fashion copying may be destructive or helpful in the fashion industry.  In the article, “Nine Times Fashion Industry Giants Copied Smaller Brands,” written by Julie Zerbo, she states, “It is rather easy to forget, given the frequency with which fast fashion brands are the ones doing the copying, that legitimate fashion brands copy, too.”  Julie Zerbo mentions how there are different high-end brands that copies lower end brands to make profit from them.  This seems degrading to some designers because it is a way where they are inspired by something and ideas are stolen to use for inspirations.  There are arguments whether brands should have more protection over their products.  In an another article, “How Do Fashion Retailers Get Away Copying High Fashion Brands?,” which was written by the same author, she also mentions, “Creative elements of a design that can be separated from the functional elements are subject to protection, which is why elements of a garment, such as the print that covers it, may be protected.” Trademark defends the logo or name of a particular designer and getting patent protection is expensive and time consuming.  Patent protection may take years to obtain, while at the same time, it cost thousands of dollars.  Since the fashion industry is fast paced, due to the changing season in trends, fashion retailers make more money just for copying designs used for inspirations.  The shocking thing is they are not charged or penalized for that action.  In other countries, the copyright protection in the United Kingdom is slightly similar to the United States.  “The European Design Directive introduced a unified system of industrial design rights for both registered and unregistered designs throughout the European Union” (Zerbo).  Different countries operate the protection of Italian and French clothing designs similarly.

            I have stated in the previous paragraph that there are many high-end brands that seek out for inspirations as “ideas,” many brands do not comply with the rules.  Gucci is a well-known Italian brand of fashion and leather products.  They are famous for the “GG” symbol in their purses and the red/green stripes, as well.  However, Gucci has copied different ideas and styles from different people and brands and claims it as “inspirations.”  Since there are many different perspectives to talk about, I will be mentioning how Gucci faced criticism for copying Dapper Dan.  In an article, “Gucci is Facing Criticism for Copying a Dapper Don Jacket,” written by Leah Bourne, she states “The bitter irony here is that Dapper Dan’s business was shut down after a few major European luxury brands came after him for copyright infringement and a few decades later, a major Italian luxury brand is allegedly copying his work and not crediting him.” The case of this problem led to a shutdown of his business without the use of patent protection.  But he took different fashion brands and made the same style of jackets with the same silhouette for each style.  His business shut down due to counterfeiting different brands to create the jacket.  On the other hand, jacket that claimed to be made by Dapper Dan inspired Gucci and copied it for inspirational ideas.  Both of their influences displays that that they are willing to take risks in order to sell ideas and inspirations that were designed by other people.  This can lead to a bad outcome in the fashion industry and certain laws should be considered to protect the designer’s ideas/style. 

Works cited:

Bourne, Leah. “Gucci Is Facing Criticism for Ripping Off a Dapper Dan Jacket.” Glamour, Glamour Magazine, 1 June 2017, www.glamour.com/story/gucci-facing-criticism-for-copying-dapper-dan-jacket

Pike, Helena. “The Copycat Economy.” The Business of Fashion, 14 Mar. 2016, www.businessoffashion.com/community/voices/discussions/what-is-the-real-cost-of-copycats/fashions-copycat-economy

Zerbo, Julie. “Nine Times Fashion Industry Giants Copied Smaller Brands.” The Fashion Law, The Fashion Law, 1 Aug. 2016,  www.thefashionlaw.com/home/nine-times-the-big-guy-copied-the-little-guy.

Zerbo, Julie. “How Do Fast Fashion Retailers Get Away Copying High Fashion Brands?” The Fashion Law, The Fashion Law, 4 Aug. 2017, www.thefashionlaw.com/home/how-do-fast-fashion-retailers-get-away-copying-high-fashion-brands

Picture: 

https://www.highsnobiety.com/2017/05/30/alessandro-michele-dapper-dan-gucci/