According to the ,
Kelly Bensimon and a former colleague at
are howling over an owl -- or an owl pendant design, to be exact.& Celeste Greenberg, who now designs the jewelry line , claims that the design came from a vintage pendant that she sourced for Bensimon.& The two allegedly made a verbal agreement to manufacture replicas of the owl and split the profits.& Bensimon, who has produced and sold both
(below) and
(left) bearing an owl design, denies that that there was any such deal.& The real legal issue, however, may be the provenance of the original pendant.& Since jewelry is subject to copyright protection under U.S. law, the initial owl design could belong to someone else entirely, depending on its age and whether it was registered.& And, given the potential for publicity-generated profits, the original designer may very well give a hoot.&
The much-hyped stateside opening of Topshop, the British fast-fashion chain, won't take place until Thursday, but the free promotional tote bags being handed out around NYC have already raised questions of copying.& A reader considers the design suspiciously similar to liner notes of albums from the French record label Kitsune...&...but from a copyright infringement perspective, Counterfeit Chic is unconvinced.& The styles are similar, but none of the actual drawings appear to be repeated.& Moreover, the Topshop tote adds garments, cupcakes, and even a horse's head to the mix.& Perhaps they both came from the same artist, or perhaps the ur-text was the junior-high spiral notebook of a budding caricaturist.& Either way, Topshop would probably come out on top in the event of a challenge.&
How does Italian designer
feel about being copied?On a recent episode of the Style Network's , one of the featured interns gets a chance to find out, courtesy of questions from her editors at Marie Claire. &Cavalli's dislike of being copied by &big designers& follows a .& As in all creative media, from fiction to architecture, some artists are &inspired& by others.& When this search for inspiration crosses a certain line, however, noses get out of joint and the reputation of the copyist suffers -- whether or not the law in a particular jurisdiction has any say in the matter.& Watch out for copying that is (1) too literal, (2) too close in time to the original, or (3) in too similar a market niche.& Hence Cavalli's reaction to alleged copying by other famous fashion designers.& The more-is-more master of mixed jungle patterns and baroque jewelry can fend off lesser lights (to some extent) via the power of his label, but peer-on-peer pilfering is a more direct threat.& Especially since Roberto is in the process of expanding his more accessible Just Cavalli line.& So, why wouldn't Cavalli name names?& Or at least whisper in the ears of the lovely ladies from the magazine with the long-established &Splurge or Steal& feature?& After all, social censure only works when the culprits are identified.Cavalli's uncharacteristic coyness may have resulted from the fact that all of the parties in the room -- with the possible exception of the intern -- could already guess the prime suspects.& And presumably the more fashion-savvy viewers at home immediately started guessing.& At times, inuendo can be far more powerful than direct accusation. & In other words, why start an on-camera cat fight over leopard print when you can achieve the same effect with a catty suggestion?
For more than a decade, scientists have been alarmed by the decimation of frog populations around the world.& Not only did the disappearance of the frogs set off a frantic search for the cause, but many worried that it heralded the collapse of the global ecosystem.Mystery solved?&Designer , who in the '80's created a teddy bear coat worn by Madonna and others as a statement about fur, has apparently slaughtered dozens of Kermits for this Fall 2009 look.& Whimsical design or green manifesto?& And perhaps even more importantly, does intellectual property-conscious Disney -- which acquired the Muppets in 2004 -- know?
Designer Karl Lagerfeld never uses the word &cheap& -- at least when it comes to fashion.& In his oft-repeated quip, &People are cheap.& Clothing is either expensive or inexpensive.&Even the Kaiser might make an exception for a dress that recently appeared on the runway in Milan, however.& Not only was it officially designated &cheap& -- as in the && label -- but& it also bears a suspicious resemblance to a dress created by a young New York designer. owns and designs for three Girlcat boutiques, two in Manhattan's Nolita neighborhood and one in Brooklyn.& Her flattering Audrey dress (below left) is a bestseller, and comes in multiple colors.& Look closely at Anya's design -- and then check out the Moschino dress (below right).& Yes, the overall look is relatively simple, but would you expect even the curve of the pocket to follow the same line?&Legally speaking, an Italian fashion house like Moschino could face a lawsuit if it copied at home, since European fashion designers (and many others around the globe) are protected by intellectual property law.& A quick trip to the U.S., however, represents a completely legal opportunity to cherry-pick the designs of the local talent.Maybe Moschino designer Rosella Jardini and her team did, and maybe they didn't.& But to clients and friends familiar with Anya's designs, it sure looks like a cheap trick. &
offers a look at Isaac Mizrahi's Fall 2009 collection for Liz Claiborne, noting its playful plaid &flapper meets lumberjack& theme.& But might this otherwise serendipitous encounter have taken place outside the boundaries of the imagination -- somewhere in the neighborhood of Burberry, perhaps?&No, the trousers don't quite incorporate the trademarked Nova check -- I don't think.& But they do require a second look.&Apologies for the picture quality, by the way.& WWD has a more complete and higher-res look at the collection online, but& this particular look is cut off just above the .&
Isaac Mizrahi is a high-octane combination of entertainer and fashion designer.& He's starred in everything from a documentary film to a comic book to his own TV show, and his creations range from couture gowns to a groundbreaking partnership with Target.& His next challenge is to revive the Liz Claiborne label, and early reports are quite enthusiastic.Except for one.&
did a double-take upon seeing pictures of Isaac's spring shoes, which strongly resemble Belgian Shoes' classic Midinette style in multiple colors.& Trust a skyscraper-tall model, even an anonymous one, to know her flats.&Rumors of copying have swirled around Isaac before, from the late great Geoffrey Beene's file of alleged offenders to recent off-the-record whispers into the ears of your humble blogger.& These pics, however, are presented as a smoking gun.& The Midinettes currently available on the
even have a dark contrasting sole like Isaac's rather than one in the same color as the upper part of the shoe.From a legal perspective, if Belgian Shoes claims that the Midinettes have over the years acquired sufficient distinctiveness that& the style itself reminds consumers of the company, then it could bring a trade dress claim against Liz Claiborne. Of course, Liz would no doubt argue that the style is a classic one and that Isaac's tweaks (is that a pointier toe, perhaps? a lower vamp? a more compact bow?) distinguish his team's work.& In fact, the style reminds me of a certain pair of my grandfather's brown bedroom slippers -- and he passed away decades ago.& Still, why risk unnecessary legal fees -- or disapproving editorial coverage -- in this market?
It's Monday, the evergreen trees have been kicked to the curb, and the last bits of confetti have been swept up from the streets.& Tomorrow's Epiphany notwithstanding, the holidays are officially over.& Whew.& Here's hoping that you started 2009 by kicking up your heels -- though not necessarily the
pair recommended by
(right), which bear a strong resemblance to a
design from last spring (left).& Interestingly, F21 may have been attempting to test the limits of CL's red sole trademark by creating an all-black pair with black soles and an all-red pair with red soles.& Once again, an
debate may be lurking out there somewhere, but it hasn't yet risen to the surface of the bargain bin.&Meanwhile, the inventors of the ubiquitous novelty spectacles with the new year's numerals are no longer looking at the world through rose-colored glasses.& Richard Sclafani and Peter Cicero have decided to cease production, citing competition from cheap infringements of their design patent ().& The
reports:&I get depressed on New Year's Eve,& says Sclafani. &It used to be such a thrill to turn on the TV, and there were our glasses! Now, all I see is knockoffs.& &Happy New Year from Counterfeit Chic!
It's been a while since Counterfeit Chic and friends have caught Forever 21 with its hand in the design cookie jar -- but it looks like the fast-fashion chain may be reaching for a holiday treat in the form of a knockoff Balenciaga bag.& And we do mean almost the exact form.The righteous Jennifer Moreno over at
sent word that
has come up with a &tragic bag, that's sure to tick off any devoted Balenciaga-lover.&& It's all there -- the angled Balenciaga corner buckles, the distinctive half-moon patch design, the extra-long zipper pulls, even the whipstitching below the handle, all in not-so-luscious faux leather.& Only the slightly altered proportions of the knockoff (below right -- but you knew that) and the manner in which the handle is attached reveal the truth.& &During the current economic meltdown,
are among the few things NOT marked down to drastic levels, a fact that F21 may have noticed -- and one that makes this copy even tougher for beleaguered retailers to take.& But is it legal?& F21 probably hasn't run afoul of copyright this time, but such a distinctive, instantly recognizable design is a prime candidate for trade dress protection.& When the design is so familiar that it doesn't need a label, copyists beware.& And F21 -- once again, what were you thinking?& There's so little intellectual property coverage for fashion designs under U.S. law, yet you seem to repeatedly reach for the protected bits.& How many times has Mom told you to keep out of the cookie jar?Not yet convinced that Balenciaga is as distinctive as, say, Gucci's stripes and horsebit or Chanel's quilting and chains?& Check out Mary Ping's interpretation for , her fascinating, limited-edition mediation on culture, mass and class, and the &creative progression of clothing design.&& If she can create a canvas shadow version, then Balenciaga is clearly part of the pantheon of purses.&Many thanks to Jennifer Moreno for the F21 tip and to Marie Choi for reminding me about the Slow and Steady Wins the Race project!
Finger puppet-maker extraordinaire Mullish Muse has designed handfuls upon handfuls of characters, from holiday standards to Presidential candidates.& While these clever creations are appealing stocking stuffers, the fashion designer series, thus far consisting of
(below), , and , and the rock star series may give rise to legal finger-pointing.& &Like other celebrities who invest in and profit from their images, fashion designers may enjoy rights of publicity under state law and in various non-U.S. jurisdictions.& True, some might appreciate being immortalized in felt and sold on , but others might not -- and Karl Lagerfeld in particular is quite . So while Ms. Muse carefully referred to the puppet's attire as an &Italian-style suit,& avoiding a false designation of origin, and to the designer's &trademark ponytail& (not literally, but colloquially -- it's a signature style), the long arm of the law may ultimately stay her hand.&
Juicy Couture is the only direct brand in Liz Claiborne's painfully culled herd that actually recorded an increase in
during the third quarter.& But what exactly is driving that increase?& From the sound of things, it may not be creativity -- unless you count creative pilfering.Suspicions were raised with the
that Juicy had infringed Alex & Ani's patented bangle design.& At a substantially higher price.Then New York Times &Critical Shopper& Cintra Wilson paid a visit to a Juicy boutique.& From half a block away, she noted that &Juicy's window dressers have been worshiping at the altar of Simon Doonan, the creative director at Barneys New York.&& Inside the store, the brand's imitative strategy became even more apparent, with designs resembling those of &Tory Burch, whose influence is felt here nearly to the point of .&& And now clever Counterfeit Chic reader Amanda K wonders whether anyone else has noticed the similarity between Coldplay's new album cover and several Juicy Couture products.& As she puts it, &I love Juicy, and I love Coldplay, but this is a little weird.&& &Or maybe not so weird, if the overall &shutdown in discretionary spending& at Liz is code for eliminating expenditures on actual design.&
When Counterfeit Chic learned that , a website dedicated to following Michelle Obama's fashionable choices, had mistaken an H&M dress for a Narciso Rodriguez, the fashion world stopped turning for a moment.& Had the sartorially sophisticated future First Lady turned to knockoffs in an attempt to win over everywoman on the campaign trail?& And knockoffs of Narciso, no less, which are quite
in more than one sense of the word?Happily, the alleged Narciso is not in fact a copy -- unless you assume that the use of horizontal stripes and a sleeveless silhouette is proprietary.& Take a look at the Michelle in the real Narciso (left) and in the H&M (right).& The Narciso has an empire waist (more easily visible ) rather than a natural one, a solid rather than striped top, no belt, an exposed zipper in the back, a deeper and more subtly curved neckline, and a completely different color scheme.& &Perhaps the Mrs. O site rushed to judgment on the mistaken assumption that Michelle had chosen Narciso again, rather than making a fast-fashion selection that might be a bit more politically palatable during the current credit crunch.& (Note to Michelle:& Creative designers like Narciso have to pay their bills, too -- Seventh Avenue needs you!)& No offense to the editor, of course -- the camera often can't capture quality, construction, and all the design details that would make an H&M dress hard to mistake for Narciso if examined in person.& That being said, it can be easy for even a well-intentioned shopper to select a knockoff when looking for a bargain .& Without an encyclopedic knowledge of fashion, it's hard for a layperson to be sure whether that budget-priced beauty is a copy of an unknown designer original.& In this case, however, Michelle is in the clear -- and living proof that some women can make even an inexpensive dress look simply smashing.& Thanks to my smart and stylish research assistant Ariana Lindermayer for the tip!
With graphs of the stock market looking as uneven as a 1920s handkerchief hemline, fashion industry insiders are wondering what is in store for the upcoming season.& Your favorite law prof recently chatted with
about anti-counterfeiting activity and theand with
about the effects of tighter credit.& The connection?& Whether the issue is copies or credit, more strategic decison-making is in order.& &Thanks to Liza (and co-author Kristi Ellis) and Adrianne for the quotes! &
It seems that every season of
involves a copying complaint of one variety or another, and this year is no exception.& In last night's episode, contestant Kenley whines that two of her fellow competitors have knocked her off -- by which she means only that they, too, chose to make short rather than long bridesmaids' dresses (at the urging of design guru Tim Gunn).& Proprietary hemline lengths?& Hardly a compelling argument.& Kenley, however, seems to have a double standard when it comes to copying.& Watch the strangely restrained critique of Kenley's wedding gown from designer Michael Kors and the confirmation of copying from fashion editor Nina Garcia, along with the aspiring designer's denial......and then judge for yourself.&
showed his dress (left) to rave reviews& just months before the filming of Project Runway. &But wait, you think.&
may have copied the strapless, fitted, off-white, feather-covered bodice, the full feathered skirt with tulle beneath, and the feathers sprouting from the model's head, but didn't she at least come up with the only other element -- the extra mass of tulle beneath the skirt -- on her own?& Not exactly.& The bird-brained contestant's dress is a mashup of the McQueen above and several of his other feathery looks from the same show, which use that same riot of tulle as an underskirt: &Still, knockoff or no, shouldn't Kenley's performance over the course of the season -- a series of vintage-inspired frocks regularly ridiculed by her fellow designers -- entitle her to compete for the big prize?& Let's take a look at her only individual winning design, which does have a rather modern silhouette.& At the time (episode 3), Counterfeit Chic thought it mimicked the couple of dozen
looks with which designer Nicolas Ghesquiere had deeply impressed editors for Spring 2008.& Floral prints, strong shoulders, rounded hips, high neck, short skirt -- all in all, a very distinctive and powerful take on spring dresses.& Still, Kenley's version was enough of a departure that, while not the kind of original vision that can make a designer's reputation, it wasn't just a knockoff (though it shouldn't have been a winner, either).& In retrospect, it may indeed have been an indication of what to expect from this Project Runway contestant.&Why, if Project Runway purports to be a search for &the next great American designer,& has blatant copying not resulted in early elimination?& Why are crooked hems or dangling threads apparently the greater sins when professional designers are expected to create a unique (and profitable) vision, not sew on deadline? &Perhaps the unoriginal contestants have simply been good television in one way or another, and thus worth keeping around.& Perhaps the producers believe that some great American designers are copyists.& (No names -- today.)& Or perhaps producer/judge Heidi Klum is loathe to penalize anyone else for copying, given the
leveled against her jewelry line by Van Cleef & Arpels in a recently
lawsuit.& This laxity with respect to knockoffs must be good news for the team designing Heidi's own line in partnership with Jordache.& Following a recent series of
whose eponymous labels are filled with copies straight from their closets, Klum appeared in the New York Times in July 2007
a top from the Lower East Side design duo Foley + Corinna (on model below), whose designs have become .& Then, this past May, she showed up in People magazine alongside looks from her own line, including a suspiciously similar top (below right).& &Maybe next season Project Runway -- on Bravo or Lifetime, whichever channel wins the legal tug-of-war over the show -- will take the opportunity of illustrating to aspiring designers the line between inspiration and imitation. After all, in an information-rich, consumer-savvy market, names are not made on knockoffs.& Not to mention the fact that in every major fashion capital except New York, they're legally actionable.& At the same time, young designers are regularly hired to carry on the tradition of a famous fashion house, which involves a bit more than just ransacking the archives.& Counterfeit Chic can't wait for Tim Gunn's take on that challenge. & And in the meantime, let's hope that in this season's final episode Kenley's avian abomination gets plucked.
This month your favorite law prof has been invited to guest blog at , a group site run by a number of fabulous colleagues from around legal academia.& Not to worry, though -- Counterfeit Chic won't be neglected.& And the occasional post may even be relevant to both sites.So head over to Concurring Opinions to find out why this Dior sandal, with what is reportedly a Masai fertility figure as its heel, is giving me a mental blister.& &
According to Carolyn Rafaelian, Juicy Couture is attempting to put the squeeze on her patented, adjustable bangle bracelet.& The single mom sells her Alex & Ani line through Bendel's and Saks, and she's garnered more than the usual complement of celebrity fans and editorial props.& A couple of months ago, however, she noticed that Saks was also selling suspiciously similar Juicy Couture bangles online, as were Neiman Marcus, Nordstrom, Shopbop, and Bloomingdale's.& , a
starts at USD $138, while
starts at $48.& Nice markup -- particularly if Rafaelian's allegations are true and Juicy Couture skipped the experimentation and design step.& &In legal terms, Rafaelian enjoys a number of options.& She holds two similar design patents on adjustable bangles, D498,167 and D486,709, both of which issued in 2004.& Should Juicy Couture challenge the patents, Rafaelian might also consider copyright, since jewelry -- unlike fashion designs -- is part of the subject matter of copyright under U.S. law.& There may even be another argument lurking in the wings, as Rafaelian hinted to the:We told them that we are known for that bracelet - and there's definitely evidence of customer confusion. I've been getting a ton of phone calls and e-mails from customers, editors and buyers who are confused - it's just bad business.Let's see:& secondary meaning generated by independent editorial coverage and celebrity wearers, plus evidence of consumer confusion.& A product configuration trade dress claim, perhaps?& (Interestingly, despite the significance that Rafaelian places on the adjustable fit mechanism of the bracelets, she doesn't seem to have pursued a utility patent.)& &Faced with a similar claim from Rafaelian, JCPenney pulled its knockoffs from shelves and apologized.& Thus far Juicy Couture has declined to make a similar adjustment.&
If conquering the catwalk and being copied are signs that you've arrived as a designer, then
is officially &in.&Not only did the
debut his Equation label handbags on the runway in Bryant Park Monday as part of 's first forray into New York Fashion Week, but a look from his boutique-exclusive EMC2 line appears to have been knocked off.& Check out the EMC2 satin ruffle coat from Emmett's 2007 holiday collection (left), and the fall 2008
coat (right).& Even hidden details are similar: the EMC2 coat is lined in a black-and-white lace print, while the Milly version has a black-and-white print patch under the label.&&Happily Emmett is one step ahead of the competition, having already heard a rumor that he'd been copied, and he's recreated the coat in this season's favorite royal purple instead.& Visit his Nolita boutique to try on an EMC2 original, or tune in to his first full hour on QVC this Friday at 4pm.& But don't be unfashionably late -- the popularly priced Equation handbags offered immediately after the runway show sold out at the speed of light.&
Client to lawyer:& Don't you ever say anything but no?Lawyer:& No.Bad news for those of you already queuing up to buy Christian Francis Roth's
--& it's been withdrawn from production at the advice of counsel.& The good news from the master of clever creativity himself, however, is that this is only a temporary silence.& Here's his message to Counterfeit Chic:&
I have to say, I was
impressed with your spot on interpretation of my parody polo &Accost&
dress.&I was hoping to be able to change the icons enough to produce this
item for Spring 2009 in store, but my lawyers tell me that even with further
changes to the current artwork, it would be a serious roll of the dice. That
being said, I'm going to have to create my own preppy looking animals&and
let them battle&it out! As the whales, griffins, and other potential contenders for greatness gird their khaki-clad loins with colorful canvas belts and& prepare for battle, one victory is assured:& that of Christian Francis Roth himself, whose humorous imagination knows no bounds.& Especially not those pesky legal ones.Look for the
line for Spring '09!&
If nothing unites like a common enemy, then polo shirt titans Lacoste and Ralph Lauren may soon be the best of friends.& Or at least temporary allies.Today's
celebrates the return of early 90s favorite Christian Frances Roth to the fashion scene.& His style incorporates wit and whimsy in the tradition of Elsa Schiaparelli's surrealism or Franco Moschino's clever spoofs on fashion classics.& Roth himself has a longstanding penchant for incorporating brand images, most famously the Crayola crayon label, into his work.& This time around Roth has imagined a blue bloodbath, pitting preppy icons against one another in a battle to the death.& The Lacoste alligator grips the Ralph Lauren polo pony in its jaws, while the polo player's mallet is poised to deliver a crushing blow to the reptile's skull.& No doubt similar metaphorical social struggles are occurring on Nantucket and Martha's Vineyard at this very moment.&
If history is any guide, however, neither Lacoste nor Ralph Lauren may be particularly appreciative of this daring duel.& Back in the 80s, at the height of preppy predominance, a parodist by the name of Barry Gottlieb, a.k.a. Mad Dog, featured a
on separate shirts. Both designs resulted in lawsuits and the withdrawal of the garments from sale.& Of course, parody cases have a reputation for being unpredictable, and Roth may well argue that this standout from the &Twill Seekers& group of his spring &Gangs of New York& collection is a humorous commentary on the bigger brands and their ongoing competition for the allegiance of the patchwork madras set.& Alternatively, both Lacoste and Ralph Lauren could conclude that a legal challenge and the accompanying publicity are not worthwhile. Roth would be wise, however, to ensure that in the event of a lawsuit or two his financial backers are possessed of that most stylish attribute of all:& deep pockets.& &
I am a city girl.& Always have been.& While I have fond memories of time spent on my grandparents' farm, and I love wandering through botanical gardens, you won't find me trekking through distant jungles in practical footwear.& Hobbes famously noted that human life in the state of nature is &solitary, poor, nasty, brutish, and short& -- and, as far as I'm concerned, nature itself is a pretty dangerous place.& Just turn on the Discovery Channel sometime.& Clothing designs based on the natural world are another matter.& Where would we be without floral prints and gossamer weaving?& Or metaphors of caterpillars transformed into social butterflies?& Still, the clothing industry itself can be a fairly Hobbesian place, given the lack of intellectual property laws to regulate it (at least in the U.S.).& Consider a fabulous little black dress that
sent down the runway last February.& Photos were of course immediately available on the web, and Charlize Theron was recently snapped wearing it.& The dress isn't in stores yet -- quality fabric sourcing and manufacturing take time -- but a copy by Privee is already for sale .& The name of the knockoff?& &Spider Web.&&Via .&Related posts:& , , and &
&Knockoffs can cause serious harm to the businesses of original, creative designers -- but it's an ill wind that blows no good.& Crocs (CROX) can blame the 94% drop in its stock price from a 52-week high of $75.21 to a low of $4.26 at least in part on illicit imitation.& reports:&The widespread availability of both Crocs -- with their multiple holes and pliable texture -- and their imitators is one of the company's biggest problems, according to [retail analyst Keri] Spanbauer.
``It's not only that Crocs are everywhere,'' she said, ``the knock-offs are everywhere.''While Crocs are protected by both utility and design patents, which the company has , it appears that the copyists are winning by dint of sheer volume. &&Could this news mean the demise of the company that induced countless Americans to appear in public wearing brightly colored, synthetic clown shoes?& Does it portend a return to reasonably elegant, adult footwear?& Will knockoffs kill Crocs?As of this writing, the stock is selling at $4.31, a turning trendlet but nothing dispositive.
&&& As we wait for a conclusive market correction, here's a quick look at the positions of our Commander in Chief and those who want his job:Bush .McCain .Obama &.& &Counterfeit Chic urges you to vote accordingly.&
When daring designer Vivienne Westwood and Sex Pistols manager
were selling bondage tartan and safety pin couture from their&London in the 1970s, their message was pure punk:& shocking, subversive, and definitely anti-establishment.& Fast-foward three decades and those spiked collars are looking a lot more domesticated, with Christie's planning a fall auction of the clothing and art publisher Rizzoli scheduled to release a
on the subject.& This new appreciation has attracted museums and celebrity collectors -- along with .& After artist Damien Hirst purchased &80,000 (almost USD $160,000) worth of
clothing from Simon Easton, a.k.a. &(caution:& some images NSFW), McLaren paid&Hirst a visit.& Based on the fabric, stitching, and in particular the large number of&items,&McLaren declared the clothing counterfeit -- and set out to protect the public from getting punked.& Easton continues to insist on its authenticity.So,&which of these dueling Pistols is&the real seditionary, McLaren or Easton?& Is it more subversive to create countercultural clothing or to undercut its now-iconic status by flooding the market with fakes?& In legal terms, a trademark is a trademark&-- but the&ingenuous invocation of law to protect Seditionaries is a ironic twist.Via , .&
&The& exhibt at the Brooklyn Museum opened in April with
masquerading as fakes -- and will close Sunday amid a flurry of
pretending to be genuine.& Filip Noterdaeme, the artist/activist and founder of the
project, objects to the commercialization of culture in general and the presence&of a Vuitton boutique at the Brooklyn Museum in particular.& The tiny boutique at the heart of the exhibit, which carries the products of the Takashi Murakami/Marc Jacobs collaboration for Vuitton, is itself a provocative commentary on Murakami's && integration of art and commerce -- and it apparently succeeded in provoking Noterdaeme, who has distributed hundreds of fake &discount& flyers.& While the&ad only suggests asking for a discount, the intent is &to confer to museum visitors the absurdity of a bluntly commercial enterprise infiltrating an art museum.&& And maybe to generate a bit of conflict at the cash register.Interestingly, Noterdaeme avoided reproducing the LV logo or signature toile, perhaps in an effort to avoid trademark liability.& But would the First Amendment shield&him against a claim of tortious interference with business activity?& Possibly -- but when&taunting Vuitton, Noterdaeme would be well advised to send up a Hail Mary.& Via .&
Celebrate Independence Day in style with a salute from Christian Dior Haute Couture by John Galliano (Spring 2001), currently on view in the &Patriotic Body& section of the .And then take a closer look at the spangled &CD& logo, conveniently obscured by a turned-up collar in the Met's
but captured on Flickr by fabulous photographer .& Seem familiar somehow?Perhaps we should ask&the folks at , which used Milton Glaser's &DC&&inside a circle and stars (bottom inset) as&its from .& It's enough to curl Wonder Woman's hair --&assuming that the all-American Coke cans don't do the trick.& Happy 4th of July from Counterfeit Chic!
Tired of knockoffs?& In search of the real thing?& Head down to Canal Street!& No, really.& Loyal Counterfeit Chic readers may remember handbag designer Jennifer Baum Lagdameo of , who has&seen her work copied by everyone from
to .& In fact, earlier this year she took a brief break from her booth at a trade show, only to see her Emily bag......duplicated by a competing vendor.& Right down to the distinctive wooden rings.& A few quick pics later and said competitor, who may or may not have violated trade show rules, is no longer offering Ananas knockoffs -- at least not in Jennifer's immediate vicinity.This summer Ananas is planting its pineapples just down the street from New York's counterfeit central, with a pop-up&store on Canal Street between Ludlow and Orchard.& So skip the&back-alley boutiques offering Prado, Gooyar, and Channel -- and yes, the occasional Ananas copy --&and check out Ananas @ fifty-two (the street address).& Remember to&pick up&your favorite classic handbag or new eco-chic style soon -- the harvest ends on July 15.&
Ever wonder why vintage clothing has very few external logos, and then starting around the 1970s everyone seemed to slap initials all over everything?& (Well, with at least one exception:& &bucked the trend with&its signature intrecciato leather and the sly motto, &When your own initials are enough.&)A new biography, , offers a reason for logomania -- the very one that Counterfeit Chic has long surmised.& In a passage from the book, the&Italian designer&describes his decision in the early 1980s to use his initials on designs for the&Emporio Armani line:I liked the eagle just fine, but I wasn't sure about my monogram on it, since I had always been a little finicky about the excessive use of monograms in the world of fashion, for instance, the craze for initials everywhere, from belt buckles to overcoat linings, and then taking them from the lining to the exterior, using it as a decoration on the clothing itself.& The problem was the growing phenomenon of copies, which were increasingly common.& The imitators were really good at it.& Sometimes I fall for it myself, and I would really have to look closely to see whether something was by me.& We needed a logo, even if it did not constitute a foolproof deterrent.& In other words, absent protection for actual clothing and accessory designs, a clever lawyer somewhere realized that liberally deployed trademarks could serve as a stopgap measure, and the word spread.& Even Giorgio Armani, the most elegant of minimalists but also a clever businessman, succumbed to the lure of trademark protection.& Of course, there are other reasons for using prominently displayed logos, including social signaling and aesthetic preference.& And emerging designers whose logos are not particularly recognizable or valuable can't deter copyists whose target is their designs, not their trademarks.& Still, it seems that logomania is what you get when the law has a lacuna -- and fashion designers cede their authority to trademark lawyers.
If name is fate, then Yves Saint Laurent was&destined to be not only a great couturier but a commercially successful one.& Just take a look at his initials, which, intertwined as a logo, form yen, dollar, and pound symbols -- the most powerful currencies of his era.& (What of the euro, you ask?& Perhaps it's no mere coincidence that YSL announced his retirement in 2002, exactly 40 years after he founded his label and the same week that the euro entered circulation.&&In France, YSL's portrait even appeared on the last&five, ten, and fifty-franc pieces minted before the euro took over.& Rendering unto Caesar&must've been a quite stylish&pursuit, at least for a short time.)& YSL's great legacy -- artistic, not financial -- is celebrated in a stunning new&retrospective at the .& By happy coincidence, the opening coincided with the annual meeting of the Law & Society Association, your favorite law prof's official reason for heading north of the border.& The greatest moments of YSL couture are all on display:& Look!& A safari jacket!& Yes!&&The Mondrian-inspired sheath!& OMG!&&Can you&believe the&colors on that Ballet Russes ensemble?!& The number of&trends that this man anticipated or created is phenomenal.YSL did not, of course, reserve his creations only for those&with access to&the haute couture and the patience for multiple fittings.& He is credited with popularizing ready-to-wear as a cutting-edge fashion option, starting in the 1960s.& As you might expect, his work also gave rise to legions of knockoffs.Counterfeit Chic's&favorite piece in the exhibit is a simple black tuxedo gown from 1970 (right).& The dress appears on a reclining manequin, alongside several other examples of YSL's transformation of &le smoking& into elegant womenswear.& Why this dress, one of the simplest in the collection, as opposed to elaborate beaded embroideries or sumptuous fabrics or technically sophisticated constructions or groundbreaking silhouettes?& Simply put, this little black dress has a history.& In 1994, a French commercial&court found that Ralph Lauren had copied this gown far too literally and awarded its creator a substantial sum.& Although the case was subsequently settled, it remains the most famous example of the gap between two extremes of fashion law, French and American -- and I was standing inches from the evidence, examining every thread.& (And since there is no glass between museum visitors and the garments, making the guards quite nervous.)& I kept my hands behind my back as I leaned forward -- but it wasn't easy.&If you'll be in Canada&this summer, take a break from hiking and fishing and other pursuits requiring utilitarian&footwear to&visit the exhibit -- there's nothing like seeing this kind of craftsmanship in person, accompanied by perfect lighting, runway videos,&and soft music.& Alternatively, the collection will arrive at the
in San Francisco on November 1, and the
is available for preorder online.& Many thanks to &and Pierre for the travel tip!& (It's always nice to have a reason to play hookey for a couple of hours...in the name of research, of course.)UPDATE:&
in Paris the day after this post, on June 1, 2008.& Requiescat in pace.&
Imagine noble herds of bison roaming the North American plains.& Now&picture an Italian craftsman dreaming of all that leather on the hoof.& The result is , an artisanal leather workshop established in Florence in 1970 by Wanny DiFilippo and his wife, Nadia.Among Il Bisonte's classic styles is the , a canvas and leather shoulder bag that converts to a backpack (left).& Fans have nicknamed it the &candy bag,& a reference to its gathered ends.& Now fast forward to Spring 2008, when a&difficult-to-deceive design student from Vancouver, Justin Ng, noticed a strikingly similar bag&in the
runway collection (right) -- and&suspected&the well-known brand of trying to buffalo its customers.& As Justin observed,&the front pockets aren't identical.& But&then, neither are Christian Louboutin's trademarked red soles and the dark orange versions that caused so much confusion&when they appeared in&. Perhaps the Versace accessories department needs to engage in a bit less hunting and gathering and a little more creating?
magazine reporter Maggie Overfelt recently&called&Counterfeit Chic&to ask&a simple question:& What happens when, as in the U.S., fashion design piracy is legal?& Our conversation was&interesting and wide-ranging&-- thanks for the quotes, Maggie! -- but ultimately, as a lawyer might say, *&the thing speaks for itself&:A few weeks after clothing label
debuted its spring 2007 collection, co-founder Anna Corinna received a phone call from one of her store employees. A good customer had recently visited the designer's New York City store and dropped more than $1,200 on four silk dresses for her bridesmaids to wear in her upcoming wedding. Distraught, the bride-to-be said that she had just seen &the same dress& in the window of a discount fashion clothing chain. There, the dress - a polyester replica with identical coloring, cut, and flower design - was selling for $40. &She returned the dresses,& says Corinna, 35. &When one of our designs gets knocked off, the dress is cheapened - customers won't touch it.& (Note:& In the example pictured, copyright law might protect the printed fabric, but copyright&never applies&to&the underlying design.)
With spring weather, the season's new fashions are finally coming out of the closet -- and the knockoffs are close behind.& Judging from the Counterfeit Chic mailbox,
Steve Madden appears to be having a particularly prolific period.&Avid reader Elizabeth Marsh noticed
satin roses (left) blooming on
&Blosommm& sandals:The superfabulous
(via ) recorded another entry in Madden's &ledger of shame,& a copy of the Balenciaga Sportiletto (left):And the stylish and studious Justina Lopez bagged
version of
new tote (left)&-- presumably manufactured with metal discs leftover from :& Many thanks to the astute Madden-watchers -- and here's wishing end-of-April showers on the flimsy fakes.
If you haven't yet&visited& at the&Museum at F.I.T., slip on your most stunning pair of Loubies&immediately and grab a cab -- the&exhibit closes today!& (What,&you thought I was going to suggest walking?& )& &While you're there, don't miss the Guiness beer can heels from the 1993-94 fall/winter collection.& An eco-chic commentary on recycling, perhaps?& Or just a souvenir of a visit to the local pub?Either way, , they're also a potential target for claims of trademark infringement (though&relevant statutes of limitations in this case&would probably be&long past).& Still, assuming the heels don't crush when worn, the transformation from trash to treasure is impressive.& And&the idea that Louboutin might have found inspiration at the bottom of a pint of stout is an amusing thought.& Time to order another round...Slainte!
In times past,&a fashionista&who contemplated attending&a comicon would be tempted to duck into a phone both&to change, lest her fellow style mavens suspect her secret identity as an associate of comic book geeks, science fiction fans, and other permanently adolescent males.& However unfair the stereotype -- most avid graphic novel readers have&met a girl, and&a growing number&actually are girls -- hanging out with the comic crowd wasn't exactly a recipe for social success.This season, however, none other than Vogue's&Anna Wintour has&declared the&arrival of superhero chic.& The&, co-chaired by Anna herself along with Giorgio Armani, George Clooney, and Julia Roberts,&will take place among displays of high fashion influenced by comic book characters.& Mere mortals will no doubt flock to the
for months afterward.& The Met has, naturally, taken the opportunity to encourage donations by sending out preview literature from the exhibit, including&this photo of a Bernhard Willhelm look from Spring 2006.& It's not clear exactly which nefarious ubervillain might have found a way to melt Superman's shield, but judging from the choice of trim underscoring the trademark, Counterfeit Chic suspects the Infringer, whose choice of weapon is the deadly pun ray.& Pugnacious parodies, Batman!& Of course, we need not worry about the Man of Steel.& He's&more than capable of defending against
if necessary -- a good thing, since
lately.As for me, I'm off to the
this afternoon at 2pm.& See you there!
The WSJ may have published
earlier this year, but it seems that at least one&recent&version&has been reincarnated -- in knockoff form.& While Counterfeit Chic has yet to observe a
on the street in New York, there were no fewer than four women carrying copies of this 2007 style on the platform of the No. 6 train this morning.& Maybe they didn't get the memo, or maybe they just couldn't resist a bit of color for spring.& While these bags didn't appear at a polite distance to be actual counterfeits bearing false Fendi logos, and came in several color variations, could they nevertheless provoke legal action?& Given the widespread press coverage and recognizable design of the original, trade dress claims may very well be in order.& Fendi itself created a range of colorways, from
to , so the knockoffs' color changes don't necessarily add up to a free pass.& And although the suspiciously similar example above doesn't actually convert from a clutch to a shoulder bag like the original does, its resemblance to the folded-over Fendi is hard to miss.&&In other words, if Fendi gets its clutches on whoever&knocked off&the Convertible clutch, the&clever copyists&may be less concerned about colorblocking than about the color of their parachutes.&
You know the economy is slowing (don't say the &R& word!& much less the &D& word!) when even counterfeit merchandise&goes on sale:At
promises, &We guarantee what you see is what you get.&& Of course, if&that's the case, it may&be worth&looking a bit more closely:But hey, if you wear it standing on your head, maybe nobody will notice that it's not the .... (who is probably even now&upgrading her email spam filters) for the tip!
Man's best friend may be&his dog, but woman's constant companion is her handbag.& While Louis Vuitton was
and&their wildly successful handbag collaboration at the&Brooklyn Museum on Thursday, an artist at a very different gallery space across town was also taking advantage of the Vuitton vibe.& The , a usually unattended && gallery in a Chelsea warehouse, asked 5 curators to select&artists to create&works that meet the size and weight requirements of international carry-on luggage.& Perhaps inspired by Vuitton's nineteenth-century origins as a maker of upscale traveling cases, Meryl Smith&combined leather, papier-mache, gold paint, and a (fake?) LV zipper&to create&Excessory Baggage.& Yes, models and actresses are still accessorizing with little dogs, but why try to smuggle your&barking purse pup through security when&you could settle for convenient faux taxidermy instead?The Honey Space's Object Salon was on display only March 26 - April 5, but how much was that doggie in the window?& A cool USD $3,000 -- pedigree included, of course.Many thanks to my Fordham LL.M. student Vibeke Aagaard S&rensen and her dog for noticing Excessory Baggage while out for a walk!&
Et tu, ?& On yesterday's cover, the industry paper featured a model wearing a dejected expression and red-soled shoes.& Why so down?& Perhaps because her ostrich slingbacks were not the work of shoe guru , with his
red soles, but of
instead.& The&featured style does not yet appear to be available online, but several other&Cesare Paciotti&styles&available at
also share the red sole -- together with the signature CP dagger.& Despite&being armed with both a&knife and stiletto heels, ignoring Louboutin's trademark may place this &on dangerous legal ground.& P.S.& Speaking of Louboutin, if you're in New York, don't miss the exhibit at the & More to follow....
Vaudeville&comedian #1:& Guess who's been shopping at Gucci?Comedian #2:& Guess?#1:& Yes, Guess!#2:& I don't know.#1:& Guess!#2:& I told you I didn't know!#1:& I said, Guess!#2:& Why don't you just tell me?#1:& Guess![Comedian #2 tears at his hair and attempts to throttle comedian #1.& Slapstick violence ensues.]Still wondering what all the fuss is about?& Check out these pics from stylish Counterfeit Chic reader Hunner Cordell, who went looking for Gucci shoes (top) and found...well, Guess.Given that Gucci&owns U.S. trademarks on&both its &GG& logo in diamond configuration (reg. #3072547) and its green and red stripe (reg. #1483526)&for footwear, Guess seems to be almost taunting its higher-priced competitor.& On the other hand, there are definite if subtle differences in& the&companies' respective Gs, the colors of the stripes, and the otherwise unprotected shoe designs.& Still, if the question is whether a&court would find a&likelihood of confusion between the two, I'd hate to (be) Guess.Thanks, Hunner!
Sunday's&Oscar parties are over and the Monday hangovers have faded, but knockoff artists are still hanging around and sniffing at the leftover crumbs&from the fashion banquet.& A immediately&revealed&his top targets to WWD, and now the notorious
label has named its own fashion victims, including two of the same dresses as Cachet.&&In addition to seeking secondhand publicity via , Faviana has gone to great lengths to make sure that the models for its copied samples resemble the actresses who wore the original gowns to the Academy Awards -- or at least their morning-after incarnations.& Imagine Katherine Heigl with her curls gone flat and her roots showing, Jessica Alba with her bodice feathers bedraggled, Miley Cyrus haphazardly smearing lipstick around her mouth after partying with the grownups, or Amy Adams with shiny skin and an extra dessert under her belt, and you'll get the picture.& Or if your&mind's eye&refuses to conjure such wreckage, just scroll down:& Girls, don't let these be your post-prom pictures -- just say no!& And while the fashion police&ponder these aesthetic offenses, does the legal system&have anything to say for itself?& The gowns, of course, are unprotected by U.S. law -- but the photos may be subject to copyright.& Since Faviana is clearly using them for a commercial purpose, the company had better have sent its own photographer to snap these red carpet shots -- or at least licensed their use.& Even that wouldn't leave Faviana home free, however, if the actresses in question object to their images being used to hock fashion schlock.& Some of these leading&ladies are reportedly paid a pretty penny to appear in the real thing, and it's unlikely that any one of them would agree to&pose for&a&Faviana ad or to&deputize a double to do so.& Perhaps the fashion houses can't take direct action against blatant copyists -- but there's nothing to say that they can't persuade their lovely mannequins to do so.& For the moment, however, sweatshop season is in full swing -- and Counterfeit Chic has another pressing question to ponder.& Have I spent too much time staring at various trademarks, or (no offense to the charming and talented Proenza Schouler boys here) does the bodice of Amy Adams' gown&recall the silhouette of Mickey Mouse?& Many thanks to Steven Kolb for the links!UPDATE:& Some wise words from :You know I respect your work, even if we may disagree on some things.& So I hope you'll take this as a friendly question:& did you really have to suggest that the decidedly skinny model in the last Faviana picture was fat?& Aside from accuracy -- and I admit, I don't follow fashion and I don't see such huge differences between the glowing stars and the nameless models -- I wish you wouldn't suggest that having an extra dessert is a problem.& When I see something like that, I have to wonder how fat you think I am and what you think that means about my moral standing.& Criticize the copyists all you want.& But it's hard for me to read attacks on the models for being, in my eyes, a perfectly reasonable -- skinny actually -- shape.& And a response:Point taken, Rebecca -- you're quite right, esp. with the skinny model debate and issues involving eating disorders in the industry and among the young women it influences still unresolved.& The model certainly isn't fat or even particularly curvy, though as I looked at the picture, I didn't like the shape created by the belt on the copy -- a straight belt or waistband in general is apt to create a strange tummy bulge even on a thin person where a curved belt or waistband won't (but requires more fabric and care in construction).There's no moral implication about extra dessert, though -- just make mine chocolate.& I was& thinking of the various ways in which one's carefully constructed look can degrade over the course of an evening&out -- mussed hair, lipstick re-applied after a few drinks, the need to loosen the belt after a gourmet dinner, etc. -- and I still find it amusing that&the knockoff company&tried to find doubles for the actresses but did such a sloppy job of styling them.& Still, there are too many attacks on women based on unrealistic standards of body shape and size, and I don't mean for this post to be taken as one of them.& For the record, womanly curves and angles are both fine, and healthy is the ultimate ideal.& Thanks for the reminder that we're not yet living in a world where we can take that for granted.
Has Marc Jacobs spent too much time hanging around with ?& The celebrated fashion designer collaborated with the iconic appropriation artist on the latest insta-&It& bags from Louis Vuitton -- and might have picked up a tip or two about copying in the process.& It seems that a scarf celebrating &Marc Jacobs since 1984& may originally have read &Linsell,& the name of&the small Swedish village it depicts.& And now one of&Linsell's native sons, Goran Olofsson, claims that his father Gosta created the scarf along with other tourist souvenirs in the 1950s, and that he&potentially inherited&his father's&copyright.& Historians of tourism (yes, really) and international copyright lawyers will no doubt spill a great deal of ink over this small square of silk.& But before the war of words gets underway, what are the basic legal questions?& Initially, assuming that Gosta Olofsson is the original artist, was the design protected under Swedish copyright?& And for how long?& Next, if the scarf was indeed copied, where did the copying and distribution of the scarf take place?& And was a copyright in the design also recognized under that country's (or those countries')&laws?Marc Jacobs presumably designs whereever he goes, but&principally in both New York and Paris.& Until&1990, copyright protection in the U.S. was dependent upon a series of formalities, including registration with the Copyright Office -- something that a foreign souvenir-maker would've been unlikely to consider.& No registration, no protection -- and the work would've been part of the public domain.& But wait, not so fast.& Section 104(A) of the U.S. Copyright Act provides for restoration of copyright in some foreign works that fell into the public domain because their owners failed to comply with then-required U.S. formalities.& If the original Olofsson work meets the requirements of this section, it could still be subject to copyright in the U.S., though the law also provides for a period of immunity for parties who relied on the work's being in the U.S. public domain.& On the other hand, countries that were members of the Berne Convention for the Protection of Literary and Artistic Works back in the 1950s, including both France and Sweden, would offer artists from other member nations the same copyright protection as they would their own citizens -- without formalities and irrespective of the law of the country of origin of the work.& Thus, if the alleged copying and distribution took place in France, the relevant copyright law would be French.And the analysis continues...for every country in which Marc Jacobs may have distributed the scarf.Then, of course, assuming valid copyrights and actual copying, there's the question of whether the younger Mr. Olofsson actually owns the copyright, or whether long-lost Swedish&half-siblings or aging&co-creators will suddenly appear on the scene.& At the end of the day,&it's a safe bet that it will cost a krona or two&to figure out whether Marc Jacobs borrowed a work from the public domain, infringed a copyright, both (in different jurisdictions), or neither.& And if all of this sounds as incomprehensible as a recipe from the , well, welcome to the wonderful world of international copyright law.& (Note:& All umlauts omitted.& This&problem is dotty enough.)Via &and .&
Designers find inspiration in some unlikely places.& Thus far during New York Fashion week we've seen warrior women a we've gone back to nature and back in time.& But one designer seems to have taken inspiration from fast fashion for teens -- perhaps too literally. started in 1994 as the first catalog operation targeted at the high school set and has since branched out into both online and brick-and-mortar retailing.& With dresses starting at USD $29.50, its customers are still babysitting, not running Fortune 500 companies or running for office.& (Side note: &Vote, people!& It's Super Tuesday!)Abaete, a designer line founded in 2004, also appears aimed at young women -- or at least those who shop at Neiman's, Saks, and Bendel's and, in some cases, appear on stage and screen.& If Abaete seeks to dress relatively affluent trendsetters, however, why does one of its looks
look suspiciously like one that appeared in the Delia's catalog last year and is ?& But Abaete isn't just trolling the mall for knockoff bait.& Other looks are similarly derivative -- the&deep violet&side-ruffle dress and similar black and white side-ruffle blouses are available this season at&Barney's.& From .& As for the color-blocked styles,
clearly got there first, although we won't quibble with mere inspiration.& It's no wonder that the usually
summed up Abaete's fall runway by noting, &Anything to write home about? Perhaps not.&& Sad, really.& Especially since the name of the line is the designer's family name -- and & Thanks to amazing Counterfeit Chic reader Lara, whose vast visual memory is a thing of beauty, even when the images&she recalls are not!
The morning after Halston's first fashion show, socialite Babe Paley showed up outside his studio seeking to purchase her favorite look -- immediately.& Now you can do the same.The latest reincarnation of the&iconic designer's label will appear on a New York runway at 2 pm today.& Tomorrow, online retailer
will offer&2&of the looks, a daytime dress and an evening gown, with same-day delivery in New York and London and next-day delivery elsewhere.& In an industry where&the 4-to-6-month gap between display and delivery has been under increasing pressure from consumers who have immediate access to , blogs, and&television coverage, the plan is both revolutionary and inevitable.& No, it won't work for every look from every show -- the 2 dresses had to be chosen and manufactured in quantity beforehand, as yet too great a commitment&to&become standard practice for high-end items -- but it's a fabulous &what's next& moment.& And great PR.Even better, it's an answer to the ubiquitous copycat problem.&
Net-a-Porter founder Natalie Massenet:&I am sure this will be a shock to the brands that specialize in knocking off some of the talent in the fashion industry,&& she added.& &They had their cake and have been eating it for a while, and we're now saying, 'We work with the brand to reclaim their ability to sell their product first.'&Stefani Greenfield, co-owner of Scoop, NYC, :&For so long people have been knocking off and getting it out there and beating a designer that has to deal with craftsmanship, workmanship, and details that take time,& she said.& &This allows the consumer to be part of our moment in fashion.&Presumably music to the ears of , one of the current owners of the Halston name and no fan of fakes.& By all accounts, the man born Roy Halston Frowick would've loved the idea, too.& Not only did he dress the stylish denizens of Studio 54, but&-- following an idea that was well before its time -- he also created a line for J.C. Penney.& Although&his mass-market move nearly destroyed the brand, as high-end accounts and clients fled the association, it was nevertheless a vision of the future.& Halston surely understood that instant gratification is always in style -- and what could be&more modern than shopping for designer&creations while wearing pajamas?&
is the type of woman who , when life gives her lemons,&not only makes lemonade -- she opens a lemonade stand, franchises it, launches an IPO, and builds a villa in the middle of a Mediterranean lemon grove.& So it is that when, as ,&Jessica &suspected Chanel of knocking off her wittily inscribed scrimshaw bracelets, she went into action.& First came&her amusing scrimshaw response, a one-off &Ripped off by Chanel& bracelet.& Then&she launched&a line of less-expensive resin&bangles&to satisfy her new fans.& Now,
reports that Jessica has re-created her response to Chanel in black resin and made it available through .& Aren't creative feuds wonderful?As Counterfeit Chic noted at the outset of the dispute, Jessica most likely&never had any legal recourse against Chanel.& While jewelry designs can be protected by copyright, the shape of these&bracelets is not original.& What is original with Jessica is the clever combination of scrimshaw technique, bangles,&and stylish pop phrases.& The general idea of printing&a motto&around a bracelet, however, cannot be protected.& If, however, as many in the blogosphere suspect, Chanel appropriated the idea, Jessica is free to say so.& There's always the possibility that Chanel will challenge the truth of her assertion and scream defamation, but at least Jessica has editorial backup.& And does Chanel really want any more negative publicity on this issue?What about Jessica's use of &Chanel& on her newest commercial creation?& The trademark is clearly used in a critical fashion -- &Ripped off by Chanel& -- and not as a source identifier.& Moreover, Jessica's own trademark appears prominently on the bracelet, further reducing any likelihood of consumer confusion.& Under U.S. law, this type of nominative fair use is permitted, so long as Jessica hasn't used any more of the Chanel mark than necessary.&&The fashion house&might quibble over the use of the distinctive Chanel typeface, as opposed to some other generic lettering, but Jessica's&ability to invoke First Amendment free speech protections is fairly powerful.& And a&claim by Chanel that Jessica had diluted its admittedly famous mark would be subject to the same analysis.& (Of course, not all nations' laws offer the same leeway, and in a non-English-speaking country, consumers might be less likely to understand the critical nature of Jessica's phrasing.& Think of the varying results of trademark owners' challenges to domain name ownership of &sucks& sites.)& What would Mlle. Chanel herself have thought of all this had she been in Jessica's shoes?& Certainly the champion of fake pearls would at least have appreciated the idea of plastic knockoffs of ivory bracelets -- and, as a businesswoman, she would've wanted to capture&both markets for herself.& As to the issue of copying&her original ideas, Coco was quite coy, making public statements in favor of copying while privately suing at least one notorious design pirate under applicable French law.& In the absence of legal recourse, however, one imagines that the queen of the stylish bon mot would've&displayed wit&equal to&Jessica's.& And if the modern house of Chanel really did rip off Jessica?& Presumably its founder would be as disappointed as its fans.
When&President Andrew Jackson learned of the Supreme Court's decision&recognizing Native American sovereignty in , he allegedly retorted, &John Marshall h now let him enforce it!&& It seems that Donatella
has taken roughly the same attitude toward Christian 's recent .& Counterfeit Chic has confirmed that the red-soled shoes appearing (on Gisele, no less) in the current Versace ad campaign are not in fact Louboutins.& Presumably M. Louboutin has already taken appropriate legal action -- and the
will do the rest.& But perhaps he should throw a few Medusa heads into his next collection for good measure?& Thanks to the elegant and erudite Clare Sauro for sending the
Not so long ago, Volvo was all about safety.& Not anymore -- at least when it comes to the automobile company's advertising.Volvo, capitalizing on Karl Lagerfeld's reputation as a photographer as well as a designer, decided to copy him.& Not once, but (by my count) 17 times, for a .&&&Apparently the&ad agency&was counting on Karl's sense of humor and on&interviews in which he'd challenged others to copy him.& It seems that the&the designer's&words were not meant to be taken at face value, however, and that he takes his rights of publicity seriously.&&Lagerfeld, who has worked with BMW and Audi,&commented after learning of the campaign, &&& The Karl clones will not be making a repeat appearance.
Remember when pleather was just cheap?& Now it's morally superior -- at least in vegan circles.& But&does that mean that would-be designers who espouse a philosophy of respect for&animal life, eschewing the use of leather, wool, silk, feathers, and of course fur, should get a free pass when it comes to respect for other designers' creations?& In other words, are knockoffs OK just because they're vegan?& On the one hand, vegan design pirates might argue that they're addressing a market failure by providing these goods.& Moreover, the&claims might continue,&there's&little effect on creative designers, since diehard animal rights folks wouldn't buy original designs made out of so-called flesh products anyway.&On the other hand, absent the moral veneer, this argument is little different from that of a design pirate who excuses copying by noting that the knockoffs are less expensive, or come in different colors, or are available in more sizes.& That's fine -- but the same result could be achieved by paying a licensing fee to the original designer and acknowledging the creative effort and expense that went into the successful design in the first place.& In addition, the argument that no harm results from the copying assumes that there's an absolute divide in the market, and that only vegans buy non-animal products while everyone else will flock to the (usually more expensive)&original.& Not likely.& Futherm