PLEASE happen.
February 3 Forever 21’s Ability to Copy Designer Clothes Could Be in Jeopardy
The Forever 21 shirts are on the top row, Trovata's are on the bottom.Photo: Courtesy Photo
For over two years, Trovata has been fighting with Forever 21 over a batch of shirts it made that Forever 21 allegedly copied. You can see above that they look basically the same. A jury will decide the case in court next month, unless the companies settle before then. The trial would mark the first time a jury decides if Forever 21 illegally copied designer clothing. The verdict could change how far Forever 21 and other fast-fashion chains can go in copying designer labels.
That Forever 21 and its peers copy — or take "inspiration" from — designer clothing is no secret. But no laws exist to prevent this from happening. You can't copyright clothes under current laws, only original graphics or prints on clothes. Still, companies including Diane Von Furstenberg, Anna Sui, and Anthropologie have filed over 50 lawsuits against Forever 21 over the last three years relating to copyright infringement. (Forever 21 settled the cases out of court.) Unlike previous lawsuits against Forever 21, Trovata's doesn't accuse the store of copyright infringement, but alleges that Forever 21 copied unique button placements, decorative stitching, and fabric patterns, among other details.
The CFDA has been pushing Congress to pass the Design Piracy and Prohibition Act to protect the basic design of clothes. Critics say the act would stifle competition and commerce in the apparel industry. Indeed, the act could cause an onslaught of lawsuits among labels accusing one another of illegally copying their clothes. Designers copy — or take "inspiration" from — each other all the time. If the suit brings about a change in regulations, the quality of goods in fast-fashion chains could suffer greatly, which would be a bad thing for broke people like us. The only good thing about heightened regulations might be the affect it would have on celebrity lines. Since whenever you ask a celebrity who allegedly designs clothing what inspired them, they almost always reply with a designer name, rather than an original idea.
Reader Comments (20)
i enjoy your blog very much and i really appreciated this post because fashion blogs never post stuff like this! thanks!
i would like to comment on the "inspiration" part you mention. people seem not to be able to wrap their heads around the concept of inspiration. they mistake inspiration with copying. it is considered inspiration when you put your own mark and twist on it and make it your version of an existing concept. having said that i believe that designers should look for inspiration outside of their field. for example a fashion designer should not take inspiration from another fashion designer. there are tons of places to look for inspiration like your personal photographs and musings, music, art -it's limitless! people who design with original inspiration enjoy what they do and take pleasure by just looking at their realised concept -the final garment. people who use other people's inspiration are just trying to make money, that's their pleasure.
celebrity fashion designers. where do i begin? i spent 3 years to get my fashion design degree. celebrity fashion designers are known for their style (which in most cases is a stylists work and not actually theirs) what they tend to do is copy their wardrobe which consists of designer label garments. and that's just wrong!
Love*
I really hope this passes as well. Fashion designs ARE intellectual property, and the fact that the law has not protected them in the past is nauseating. Jeffrey Campbell is another brand that shamelessly steals designer items, and it's just wrong.
Yeah, hope this passes as well! and just like Catherine says, Jeffrey Cambell "alexa" is a copy of a ACNE shoe..
Love from Sweden!
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after seeing these i've gotten this sudden thought that maybe i really should blog more and take more photos...oops
oops i commented the wrong post, i feel so stupid now haha
really informative!
I know it sounds like a good idea on paper, but the only thing this will do is line the pockets of intellectual property lawyers. The primary danger of this lawsuit is a legal precedent for defining what in fashion design constitutes infringement. Color, shape, cut? A combination? Now imagine this weapon in the hands of brands and houses that have the funds and legal resources to threaten smaller designers and houses who have no recourse but to capitulate. This is will be a huge win for corporate interests and it will, in fact, stifle creativity and innovation from smaller companies. I certainly wouldn't want to second guess myself as a designer, wondering if my designs are too close to those from XYZ brand. So much of design is about the cross-pollination and sharing of ideas and techniques. Yes, there will always be those who exploit and wholesale copy designs. But this is situation of cutting of one's nose to spite one's face.
This is awful! I don't shop at Forever 21 because I feel the clothes are very cheaply made, and now I know they aren't even original designs!
hi there,
can you please post where you got this article from?
thanks!
Forever 21 also copies Wildfox designs!
While I completely see your point in this post, I HIGHLY recommend that you and your readers watch this video from one of the TED conferences. As Johanna Blakley points out, the copying may not be fair, but ti's the reason why we have trends & the fashion industry continues to make money. Otherwise it would be a sinking ship like the music and film industry (economically at least)
http://www.ted.com/talks/lang/eng/johanna_blakley_lessons_from_fashion_s_free_culture.html
GREAT comments everyone. all extremely valid and interesting. Scott, love your points.
XO
I could literally scroll through your blog forever and ever. Its so inspirational and i envy everything!
xox.
I have noticed this. Also, a few pairs of their shoes look almost exactly like some done by YSL.
Hello. A bit ironic that you have taken the words and photos of another article without any citation or referencing, no?
There is no copyright in 'stripy t-shirt with colourful buttons'. How would you even prove that you were the first person to come up with 'stripe t-shirt with colourful buttons.' In any case, the designers are not losing any money, as the vast majority of their customers do not shop at the cheap chain stores. The whole point of this lawsuit is to maintain exclusivity and limit consumer choice.
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I am against blatant knock-offs that try to pass themselves off as the real deal, like selling someone a Chanel or Louis bag that was made in China, yet has the company's logo on it trying to pass itself off as the real thing.
However, this law suit is just stupid. Karl Lagerfeld has always said he does not mind people copying his designs. He realizes that his customers are not going to go to an inexpensive shop and buy a copy of a Chanel suit, purse, shoe, etc. when they can afford to buy the real thing. I just watched a documentary about Coco Chanel, and her little black dress was copied over and over again. She realized that the fact her design was being copied by cheaper brands made her design relevant.
I think inexpensive stores are great for people on budgets who want to buy something trendy, but just don't have the $$$. Or even for people who have the cash, but just don't want to spend.
There has not been anything truly new in fashion for a looooong time. Those Trovata shirts are copies of stuff from the preppy 80's era. I think my older sister actually owned that looked extremely similar. I think it is very hypocritical of them to sue Forever 21 when they just ripped off another fashion era.
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