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In celebration of the #FashionLawDay, I will be talking about "Fast fashion: the world of serial copiers and the interplay with intellectual property"
The cases that inspired this topic is the #Hanifa #PLT & #FisanyeLong #Kaicollection #Boohoo
Welcome to #IPSERIES for today
The cases that inspired this topic is the #Hanifa #PLT & #FisanyeLong #Kaicollection #Boohoo
Welcome to #IPSERIES for today
Fashion like every other sector interplay with IP as every fashion item is IP protected and can enjoy a multi-layered protection in the form of the name, logo, symbols (trademark), combination of line and the visual appearance (design right) etc
For someone within the #fashion industry, IP plays an important role. Now what Is fast fashion? This inline with a sustainability focus on manufacturing, marketing and design a high volume of clothing at an affordable price depending on the value and goodwill of the brand.
They are always replicating trends into lower quality material for a fair & affordable price to their consumers. This sector drives in taking advantage of the loophole of providing affordable clothes and big brands are not left out in the copying industry. Are you surprised?
According to Lucy Siegle "Fast Fashion isn't free, someone is paying"
Thanks to social media and the Internet, the reproduction of creative work is easy because of access.
Thanks to social media and the Internet, the reproduction of creative work is easy because of access.
Here's a list of serial fast fashion brand who have been accused of copying or making an imitation:
1. Early this year Anifa Mvemba of Hanifa who broke the Internet during the pandemic with her virtual 3D fashion show (i talked about it in my podcast) https://anchor.fm/rita-chindah/episodes/3D-Printing-in-the-Fashion-Industry-and-the-Role-of-Intellectual-Property-egk532
1. Early this year Anifa Mvemba of Hanifa who broke the Internet during the pandemic with her virtual 3D fashion show (i talked about it in my podcast) https://anchor.fm/rita-chindah/episodes/3D-Printing-in-the-Fashion-Industry-and-the-Role-of-Intellectual-Property-egk532
is accusing Pretty Little Things a fast fashion retailer for creating a version of her $229 Veronique blouse which debuted at her virtual show #PinkLabelCongo last year, made theirs and sold it for $55.
Get this #PLT notorious for ripping off people's design
Get this #PLT notorious for ripping off people's design
2. Even big brands are not left out in the fast fashion deets, at least Givenchy had to pause the production of the leather bucket hat with upper motif.
3. Fisayo Longe sued BooHoo for its #KaiCollection and had briefed their lawyer to send a cease & desist letter demanding they stop selling the replicated product and demanded £30,000 in damages.
4. #KimKardashian gold look from Kanye v Misguided- Kim sued the fast fashion company for <sinv her name and likeness in conjunction with their brands, violated the trademark with her name by advertising their company brand
#misguided was order to pay $2.7 million in damages.
#misguided was order to pay $2.7 million in damages.
5. This case is in line with our current reality of social media call out. The case between Old Navy by GAP v Carrie Anne Roberts over the use of the phrase on a t-shirt "Raising the future"
Remember trademark as an IP could be in form of a name, phrase, etc used to identify a
Remember trademark as an IP could be in form of a name, phrase, etc used to identify a
your brand. Because of the backlash, Old Navy got from the internet they had to remove it from their website (don't know if any money was paid), they argued that Annie Roberts didn't trademark the phrase "Raising the Future" or The Future design or the graphic & therefore had
zero legal rights.
Does this mean a mark not registered but has been used consistently In commerce can be reproduced by a 3rd party?
The answer is No especially in a jurisdiction that practices the "First to use" principle.
Does this mean a mark not registered but has been used consistently In commerce can be reproduced by a 3rd party?
The answer is No especially in a jurisdiction that practices the "First to use" principle.
Dear Zara fans, please gather round
Zara was accused of copying Balenciaga sneakers and Kanye West coveted Yeezy.
Please #BALENCIAGA come to Nigeria and see something, anyway they were accused of coping the pins from illustrator Tuesday Bassen and
Zara was accused of copying Balenciaga sneakers and Kanye West coveted Yeezy.
Please #BALENCIAGA come to Nigeria and see something
, anyway they were accused of coping the pins from illustrator Tuesday Bassen and
a sandal by Aurora James of Brother Veillies.
7. Now the next is crazy ; 2 brands Missy Empire & Nasty Gal created a jumpsuit by Balmain 
8. Dear fans of #Asos, your beloved is also guilty of copying styles from luxury brands
9. Forever 21 accused of copying phone cases, popular feminist tees, Instagram famous swimwear, Gucci's $3400 jacket 
and also the unauthorised use of it's iconic trademark blue, red, blue & green, red green stripe
and also the unauthorised use of it's iconic trademark blue, red, blue & green, red green stripe
10. The iconic Versace jungle print Barocco print dress that was copied by Fashionova which Jennifer Lopez had worn in 2000 at the 42nd Grammy Awards at the Staples Center in Los Angeles, California and was brought back again during the Spring 2020 show during the Milan Fashion
week with #JLO modeling the dress which Fashionova was accused of exploring the popularity of the dress and trading her goodwill and business reputation for profit & sale. I agree, they also name this collection #LoveDontCostAThing 2 piece costume set
Fashionova also created a vintage Thierry Mugler black dress from it's Spring/summer collection women by Kim Kardashian for the 5th Annual Hollywood Beauty Award
11.H&M v Gosha Rubchinsky & Vetermenta- Russian fashion designer and Parisian design collection on hoodies, t-shirts, and socks over the font styling
12. Forever 21 v Puma over its #Fenty by Rihanna collection sued for design patent, trade dress and copyright.
Forever 22 v H& M over the"Beach Please v Bitch Pleae bag
Forever 22 v H& M over the"Beach Please v Bitch Pleae bag
13. Gucci v Guess over the use of Gucci's loho and pattern which they won and was awarded $4.7 million
I could go on and on but i will stop here to talk about the interplay with IP.
I'm as we know is territorial nature and gives the owner legal backing and protection especially when the creative or innovative work has been registered.
I'm as we know is territorial nature and gives the owner legal backing and protection especially when the creative or innovative work has been registered.
In the fast fashion industry, the principle on consent, permission and authorization is not considered because of it's short life span as. options for IP protection is somewhat difficult since it relies solely on trends.
In a world where trend of products are quickly made & sold
In a world where trend of products are quickly made & sold
one begins to wonder if intellectual property rights even exist within the industry and how IP owners can protect themselves.
IP protection, in this case, will depend on the jurisdiction & in my research France is said to have good IP framework for the industry
IP protection, in this case, will depend on the jurisdiction & in my research France is said to have good IP framework for the industry
Here are the intellectual property rights to consider:
A. Copyright protection for the sketches, protects original textile print and garment design. In the US there is no protection for clothing design but IP owners can opt for a patent design by exploring a multi layered IP
A. Copyright protection for the sketches, protects original textile print and garment design. In the US there is no protection for clothing design but IP owners can opt for a patent design by exploring a multi layered IP
protection such as patent f the proprietary fabrics like nylon, the company's logo, name, slogan can be trademarked, trade dress which focuses on the designs.
The US has an Innovative Design Protection Act which protects fashion dresses.
The US has an Innovative Design Protection Act which protects fashion dresses.
In France the copyright law provides that any original work expressed in any form can enjoy copyright protection; in Nigeria your sketches(drawing), prints can be protected see section 51 of the copyright Act
B. Design rights which could be for registered and unregistered design with a 6 months grace.
Please listen to this episode on my podcast where I talked extensively on design rights https://anchor.fm/rita-chindah/episodes/Can-a-design-be-patented--ComingtoAmerica2-v-UgoMonye-for-his-Reale-design-etgsi5
Please listen to this episode on my podcast where I talked extensively on design rights https://anchor.fm/rita-chindah/episodes/Can-a-design-be-patented--ComingtoAmerica2-v-UgoMonye-for-his-Reale-design-etgsi5
Design rights in the UK are protected under the UK Registered Design and Unregistered Design however the design must have an element of individual character.
When it comes to the use of designs or fabrics affiliated yo traditional knowledge and geographical indication, the infringers are mostly high street or luxury brands like Gucci, Louis Viutton who are accused of cultural appropriation
Cultural appropriation takes some element of a culture, reuse & infuse it in fashion without any express CPA from the community. Eg in may 2019 Nike Air Force was to be adorned with Mola patterns originating from the Guna culture of Panama Puerto Rico sneakers to be released
in May 2019, it was opposed by representatives of the Guna people which led to Nike cancelling the sports shoes
C. Trademark for your brand name, logo, sign symbols that identifies your brand
C. Patent depends on the jurisdiction you find yourself
C. Trademark for your brand name, logo, sign symbols that identifies your brand
C. Patent depends on the jurisdiction you find yourself
Issues that may arise:
1. Design piracy
2. Contributory infringement where you can be held liable for an infringement even though you were not party to it directly.
3. Lack of strong IP laws and enforcement to back the fast fashion industry
4. Use of technology to copy
1. Design piracy
2. Contributory infringement where you can be held liable for an infringement even though you were not party to it directly.
3. Lack of strong IP laws and enforcement to back the fast fashion industry
4. Use of technology to copy
5. Rise in counterfeit products in the market which could be sold in retail stores, via e-commerce site or social media like Instagram
6. Theft of creative and innovative work
6. Theft of creative and innovative work
In wrapping up, here are the available remedies for fashion designer and those within the fast fashion industry :
i. Forget social media call out file a suit in court even though Tuesday Baseen may have used this method and Zara was criticised and forced to remove the infringing
i. Forget social media call out file a suit in court even though Tuesday Baseen may have used this method and Zara was criticised and forced to remove the infringing
items from its shelves.
ii. Third-party retailers takedown process which is done by reporting the infringing it's sold online/website and it will be taken down eg Amazon, eBay
iii.Opt for a cease & desist letter like #FisayoLonge
iv. Discontinuing and destroying the goods.
ii. Third-party retailers takedown process which is done by reporting the infringing it's sold online/website and it will be taken down eg Amazon, eBay
iii.Opt for a cease & desist letter like #FisayoLonge
iv. Discontinuing and destroying the goods.
V. File a suit as a community like the Guna and Massai tribe through your representative to preserve traditional knowledge and prohibit cultural appropriation
See link https://www.wipo.int/wipo_magazine/en/2019/04/article_0002.html
See link https://www.wipo.int/wipo_magazine/en/2019/04/article_0002.html
See the case of the Massai brand reported to he worth $10 million Dollars a year, at least. https://thisisafrica.me/african-identities/the-maasai-reclaim-their-brand/
In light of the #WorldIPDay2021 which is 6 days away with the theme : "Taking your ideas to the market" here are 2 events to look forward which highlights what every creative, innovator, business owner, startups, entrepreneurs should do before putting products in the market
Link to register https://is.gd/worldIPday2021
The Podcast version will be out before the end of the month, if you learnt something please let me know.
Follow my podcast @IPSERIES1 and favourite #IPSERIES on Anvhor, Spotify, Apple and Google podcast, PocketCasts, Radio Public.
Follow my podcast @IPSERIES1 and favourite #IPSERIES on Anvhor, Spotify, Apple and Google podcast, PocketCasts, Radio Public.
Until the next episode bye for now
