With the unstoppable production of designer knock-offs everywhere, the U.S. Senate has recently made a move to help designers protect their designs.
The bill pending in the Senate not only protects the logo but the overall designs of garments and accessories as well. Under the federal Copyright Act of 1976, only the artwork(brand label, logo, original print and embroidery) is protected but the blueprints of the designs are not. With this loophole in the law, many in the fashion industry are trying to have the law changed.
As the bill adds design piracy in fashion to counterfeiting as copyright violation, it has stirred different reactions from fashion personalities. Diane Von Furstenberg, president of the New York-based Council of Fashion Designers, is one of the fashion leaders pushing for the Design Piracy Prohibition Act as it would extend the design protection beyond artwork for three years.
Although the bill is great news for high-end designers, it is bad news for the fashion retailers that regularly copy designs from the runways. Bebe, Forever 21, H&M and Zara are some of the top retailers to be threatened by this drastic turn in fashion's trickle-down process.
The bill sponsored by Senator Dianne Feinstein and Senator Hillary Clinton, among others, is expected to come up for a vote early next year.
Check out some of the samples of design piracy:
1. Chloe design versus the Topshop knock-off that was pulled out of the shelves following Chloe's allegations
2. MTV versus Macy's copycat graphic design
3. Christian Louboutin's peeptoe pumps
4. Miu Miu shoes that drew inspiration from the patent leather Louboutin shoes
Why This Trend Is Growing
- Increased Design Protection
- The push for legislation against design piracy in fashion opens up opportunities for increased protection of designers' intellectual property.
- Shift in Fashion Retail
- Fashion retailers may face disruption as they are forced to find new ways to create unique designs and avoid infringement.
- Rising Importance of Originality
- The focus on design piracy highlights the growing demand for original and authentic fashion products.
Industries Being Reshaped
- Fashion Design
- The fashion design industry stands to benefit from increased protection of their designs and the promotion of originality.
- Fashion Retail
- The fashion retail industry may need to adapt to the new legislation and find alternative ways to create differentiated products.
- Intellectual Property Law
- The intellectual property law industry may experience growth as designers seek legal protection for their designs.
