Since most of my current visitors are fashion bloggers, I decided to write general introductions to fashion law topics so that I may refer back to the posts for reference when I later blog about fashion law issues and cases.
Where should we draw the line between inspiration and imitation that should be considered fashion piracy?
The images above are of a Bottega Veneta 'Nero Intrecciato Nappa Zip Around Wallet' priced at $750 and a Steve Madden 'Bluelus' wallet priced at $42. Bargain or fashion piracy? -This is a fashion law question.
What is fashion law?
Fashion law is an emerging specialized area of law; it is comprised of legal fields that arise in the business of fashion: intellectual property law (particularly trademark and copyright brand recognition, protection and counterfeiting issues), corporate law (business transactions, mergers and acquisitions) employment and labor issues, customs, unfair competition and antitrust.
Lawyers working on fashion law issues can work in law firms (small boutique ones to big law firms), as in-house counsel, and in government positions.
By protecting design rights and moral rights, the European Union protects designers more than the U.S. does. Current legislation (the Innovative Design Protection and Piracy Prevention Act) may help change that.
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I've struggled with this topic as well. Where do you draw the line on inspiration and infringement. I would love to afford the real deal on everything but honestly...I can't always justify the cost nor can I realistically purchase everything from premiere designers. I won't buy counterfeits, never ever...
ReplyDeleteSo...some sad news...that H&M blouse you liked sold out. I was at the Michigan Avenue location today and it was totally gone :( so sorry.
@ Bravoe Runway
ReplyDeleteTotally okay, & thanks so much for checking. ♥ Maybe I will have more luck with the Versace collection. --And yes, this question is a tough one for me too. I find that I can't define exactly what copyright piracy would cover but I feel like I know it when I see it.
But I agree and I do not think it would be fair for all similar pieces to be banned & I think that something like that could even increase production of fakes.
I really like this post! Can't wait to read more about the subject.
ReplyDeleteI think this is fashion piracy because the two look almost exactly the same! Bottega Veneta is known for their woven leather, that's their signature. I believe Steve Madden has gotten in trouble with this before.
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