Comments on: Fashion copyright: the death of us all

By: Richard

Richard — Tue, 09 Jun 2009 13:55:33 +0000

That kind of greed makes me angry… I HATE hunger for power and money. It is a destroyer. Thank God I live in Australia!

By: Lesley

Lesley — Fri, 15 May 2009 15:53:46 +0000

Call me cynical but the idea that any idea is totally new after centuries of innovation seems unlikely. Last year I designed a “totally new” concept skort with rave reviews and lots of advice to copyright. Even IF my idea had actually never been thought of before (because an angel decsended from above to give me this unique inspiration) and I spent thousands to copyright it, I would not have the money to pay attorneys to search for copyright infringement violations- duh! As far as I know, all it takes is minor changes to get around that anyway. On to other things I say.. I’ll just add this new legislation to the slew of giant legislative warts I am dealing with and will prepare more letters…sigh

By: Kathleen

Kathleen — Tue, 11 Sep 2007 21:12:53 +0000

Amy, interesting that you mention knocking yourself off. I wrote an entry about it.

By: Amy

Amy — Tue, 11 Sep 2007 20:26:59 +0000

Is it true that Diane Von Furstenburg, Zac Posen are among the New York fashion elite supporting this bill? I was under the impression that this mainly came out of NYC. As California designer that is still making my leather bags right here in L.A. I can't help feeling like this is all coming from a place of abject cluelessness on the parts of the uber-high end designers who support it.

I think you are right, it give's the upper hand to companies that already have the upper hand. I'm just not sure who is supposed to be protected here. I know plenty of smaller designers that have had designs appropraited by larger companies but those small guys still won't have the dough to do anything about it even with a law in place. As far as the overnight knocking off of $30,000 Oscar gowns, I just have to wonder, if companies are really actually losing money this way. It can be argued that it makes the original more valuable. AND if everybody want's a knock off of your line what does that tell you? You need to knock yourself off. More and more "exclusive" high end lines knock themselves off by liscensing to cheaper retailers. Vera Wang has a fall line at Kohls, Rafe, Libertine, Mizerahi and gobs of other designers are working with Target, Chip&Pepper has a denimn line a JC Penny (or was it Sears).

This seems to be a better solution than creating sticky legislation that could wind up keeping a lot young talent out of the business. The way people love to sue each other here in California, well I just shudder to think about it.

By: Mary Anne Davis

Mary Anne Davis — Wed, 15 Aug 2007 18:41:32 +0000

Wonderful commentary on the ever snarly world of influence and ownership in the creative realm. I appreciate your point of view Kathleen and am glad to have found your blog. My first visit here. I’ll be back…

By: Gorgeous Things

Gorgeous Things — Wed, 08 Aug 2007 16:19:21 +0000

I'm late to the party. Thanks for posting this Kathleen. Here's the USPTO's written statement to Congress about this bill. While they say that they can't advocate one way or the other, it doesn't sound like they are very convinced of the need for protection. It's an interesting read. I don't think I saw it posted anywhere on this post. If it's a duplicate, my apologies.

By: Eric H

Eric H — Wed, 08 Aug 2007 03:13:56 +0000

From Mises Economics Blog, Revisiting some problems with patents:

"the pair has compiled a tremendous amount of economic data regarding patents and companies who patent. ... Meurer & Bessen's bottom line: On average, the patent system is bad for innovation. They agree innovator firms often profit from their own patents. However, the pair's data shows that the innovator firms are also the ones most likely to be targeted by other patent holders. (litigation, licensing, etc.) In today's system, they find, the disincentives created by other people's patents outweighs the incentives to build your own portfolio. I.e., on average, the patent system discourages innovation."

It's an arms race. When you have a knife and you don't see anyone else with a knife, you might be tempted to start a fight. But then other people with knives show up. Then the guys with guns show up.

"The American Association for the Advancement of Science recently conducted a survey on the effect of patenting on the sciences. The results are frightening: 1/5th or more of all research projects in the United States are being chilled by patent holders. The sheer amount of research being canceled because of licensing issues is astounding, but at the same time many of these researchers hold their own patents and therefore contribute to the problem."

hattip: Organizations and Markets

By: Lourdes Souto

Lourdes Souto — Thu, 02 Aug 2007 14:21:39 +0000

Annie , it was very easy for Zara to copy this theme.
I used to specialize in selling to department stores & I had already made a sale to Indetex (Zara) the year before. I then presented in September a Couple of Collections to them, they selected one of the collections & asked me for price quotations & what was my production limit. After I had consulted with suppliers & Banks for financing I contacted the buyer (Adolfo V***e) at that moment he informed me that “ We are not interested in this theme any more” 6 Months later they opened the summer season with that collection. This collection was not an embroidered Collection & under the old Spanish Laws I did not have a legal base to successfully attack them . At present & with today’s new EU laws I do have a base to attack them if they do steal any of my designs.
In the European Union designers are covered for 3 years without registering their designs (more if they register) proof of ownership is easy using digital copies of the patterns Time stamped by a Notary.
Ps
It is very easy for inditex to copy whatever they want; they go to all the fashion shows & have contacts with all major producers in Aisa. Normally summer wear is presented at the end of August; this leaves them plenty of time to copy.

By: Annie

Annie — Wed, 01 Aug 2007 18:38:38 +0000

Passing that law won’t make it any easier to get justice if we don’t have the money to pay for a lawyer. It will only help big companies, not us little guys. I’ve spent hours and hours researching trademarks. I can’t afford a lawyer to do a search if something similar to my designs is already registered. I’m worried that a big company will see my designs and register them before I can. DVF was bragging about her legal department but I don’t have a legal department. Then I can get sued for making my own designs when I can’t hire a lawyer to defend myself and it won’t matter it was my idea first because it’s like patents because it doesn’t matter who invented it first, it matters who regestered first. It isn’t fair. This law will only make big companies more powerful. They can steal all our designs and get away with it because they have the money and lawyers. Lawyers are going to get very rich off of us. DVF hasn’t had an original idea in decades. She wants to make sure we don’t either.

I’m not sayig your a liar but how could zara copy you if they had it in the window before you sent your clothes out? Zara is good but I don’t think they are mindreaders. If they did copy your fabric and embroidery, you can sue them now without the new law. If you can’t afford a lawyer, the new law won’t make it easier for you to pay for one.

By: J C Sprowls

J C Sprowls — Wed, 01 Aug 2007 17:43:40 +0000

Just for grins, go check out the pics in the Telegraph article. It’s interesting to see what a reporter (i.e. a layperson) considers to be a knock off (there are some in there).

Is this an example of the type of interpretation we open ourselves up to? Does a product in the economy sub-market really pose a threat to the designer sub-market?

Lourdes,

Your situation sounds painful. Based on your description, i.e. them delivering at the same time as you, I’d feel right pursuing justice.