One of the biggest driving forces in the fashion industry nowadays is the continuous introduction of new trends and the opportunity for designers to display their creativity. So, when that individuality is stolen or copied from a designer, it can produce uneasy consequences. Known as “design piracy”, this widespread reproduction of designs has actually been around for decades. Not much has been done at a federal level to prevent the moral and economic repercussions that stem from it. However, despite the fact that designers lose both independent recognition and profit for their work, in the long run, fashion piracy actually helps grow the industry by swiftly moving styles through society to make way for the next line of innovative …show more content…
Typically, these factories are located outside of the United States, and with cheap and readily available labor, the knockoff designs can be created in a matter of hours and shipped to stores months before the original version. These companies are able to replicate the original designs almost perfectly, and for much less money, as well. In turn, chain retailers like Bloomingdale’s, Urban Outfitters, and Forever 21 then purchase hundreds of these clothes and promptly sell them to consumers way before the original designs even have a chance to make their debut (Wilson). The biggest problem with this is that fashion design is an art form in itself, and with duplicates, the creative and original credit of the designers are lost. American consumers can no longer tell what garments in a store are original and which have been duplicated (“Stop Fashion Design Piracy”). From a moral perspective, this is essentially burying the recognition that independent designers deserve for their work.
In addition, the widespread financial gap between the costs of production of originals and knockoffs causes design piracy to have some economic ramifications. Because the knockoff designs are manufactured at lower costs, they tend to sell for much less; for example, a replicate might sell for up to one-third the price of the original design (Wilson). This lowered price, combined with the fact that the copied design would hit store shelves first, causes consumers to deviate more
For a long time we have strived to protect what we have made from the hands of those who steal. Nowadays we have a huge problem with infringement and that is due
Lastly, cases outside the Sixth Circuit have ruled that products other than knockoffs can create downstream confusion. The courts in Lois Sportswear and Payless both are examples of cases where non-knockoff products created downstream confusion. Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872 (2d Cir. 1986); Payless Shoesource, Inc. v. Reebok Int’l Ltd., 998 F.2d 985, 987 (Fed. Cir. 1993). In Lois Sportswear, the court explained that the confusion occurred when a consumer saw the familiar stitching pattern on the defendant’s jeans and associated “the jeans with appellee and that association influence[d] his buying decisions.” 799 F.2d at 872. The court makes no mention nor implies that the defendant’s jeans were a knockoff of plaintiff’s jeans. Similarly, in Payless, a case in the federal circuit, Reebok contended that “[post-sale] confusion occurs . . . when a consumer observes someone wearing a pair of Payless
On May 30, 2000 The Calvin Klein family filed a lawsuit against Warnaco Group Inc for eighteen counts of trademark infringement, trademark dilution and intentional misrepresentation. Nearly a month later Warnaco answered with a counter suit, denying the major allegations and justifying the dilution to falling within the scope of the two parities licensing agreement. The case study brings forth information regarding fashion retailing, distribution practices and even the licensing practices expected within the marketplace, however as a reader one should keep in mind that during the millennium “licensing
Fashion is everything to society and the media. The fashion industry has transformed into a necessity in the life of people. Everyone wants to look good, feel fabulous and feel as if we belong with everyone else. The envy and desire to wear certain things and look a certain way all come, from wearing the latest fashion handbags, accessories, dresses, shoes, and the list goes on. But, when is considering fashion into an individual’s life going too far to the extreme? Many do not consider the whereabouts of fashion materials and how the environment is affected by the mere existence of certain garments. Some may believe these objects grow on trees. But that is clearly not the case. Even though it would be nice. The fashion industry as a
Long gone are the days of fierce ruffians ruling the high seas, but in America, another plague is falling upon even our most upstanding. The aforementioned problem we face as a society is new-age internet piracy; even the most law-abiding citizens are falling prey to the allure of saving $1.29. The temptation may be there to break the law, but I plead to you, please pay for your music. How are the labels that represent our favorite musicians supposed to make money if we steal what their client worked tirelessly to create? If we as a society don’t fully respect the craft by paying full price, how are we supposed to expect the same amount of effort the next go around? J. Cole might as well have released 3 Your Eyez Only since we
To those who are not familiar with the processes within the fashion industry, this world of style is characterized by a peaceful coexistence between all the stakeholders. To those in the know however, this is far from the truth with the fashion industry. The value of the United Kingdom fashion industry is large contributing to about 20 billion pounds into the country’s economy on an annual basis. To have a better understanding, the contribution made by the fashion industry to the country’s Gross Domestic Product is almost twice that being brought in by car manufacturers which is valued at 10.1 billion so fashion is no doubt a major business and clothing designs one of the core assets. In considering this, it is therefore a surprise that businesses that are operating within this industry within this industry are not given the opportunity to do more to protect the designs that they have. This paper puts forward the assertion that based on the case law of J Choo(Jersey) Limited v Towerstone Limited and Others, the system of intellectual property protection available in United Kingdom law is not fit for use in the fashion industry in its present condition.
Giving out the identity of a person accused of a crime, whether they are guilty or not is a breach of the Harmful communications act. By posting the identity of the person you are liable what happens to them as they are now at risk, and you are breaching the privacy laws because you gave out personal information. The name, photograph, phone number, car registration details and home address of a man accused of theft were posted on a Facebook group with tens of thousands of members recently. This was a serious breach of the harmful communications act. If any of the members of that group decide to take matters into their own hands to stop the theft, that has not been proven guilty, the person who posted all of their personal information would
Every company wants to have fresh ideas for their ad campaigns, to draw in their audience. Sisley attempted to draw the consumer in using an advertisement that depicted two women participating in illicit behaviors. The advertisement may have been considered humorous, had it not been so vulgar. Sisley’s attempt at reeling the consumer in resulted in an effect that definitely caught the eyes of their targeted audience, but not in a way that could be considered positive. Is fashion, an addictive and destructive vice, destroying its intended and targeted audience; the consumer?
1. Go to a public place and OBSERVE the community of people in that place for at least 30 minutes; perhaps as long as 60 minutes. In your report, describe the setting and note the date and time of your observation. Describe the element of “community” that you observed.
In today’s society, fashion rules the teen and young adult generations. Billions of dollars are spent each year on designer brands such as Gucci, Louis Vuitton, and Off-White. At the same time that these large amounts of money are being spent of materialistic aspects of fashion, people in third world countries are struggling greatly. Instead of money being spent on expensive clothing, it could serve a greater purpose by being donated to countries who are in dire need. Absurd amounts of money in first world countries are spent on designer brands, while third world countries struggle to even get their hands on any clothing.
Business law and how it ties into our everyday lives is very important. To understand these laws and find them applicable in certain life issues is something I feel that every citizen should have a grasp of. With this research paper I will focus on the issue of copyrights, lawsuits, trademarks and how it affects designers and artist. I myself am a clothing designer and have my own brand 5ivepillars. Numerous times during my years as an artist and designer I have seen companies both big and small rip off my work. Most of the time these companies and the individuals behind them steal a concept or idea you may have and replicate it using different colors. This trend has grown more and more in the fashion industry while leading to a large amount of lawsuits, and trademark suits. But these lawsuits have not stopped companies from stealing intellectual property. Some such as forever21 have blatantly stolen dress and clothing ideas straight off of runaways and have had them in stores ready to sell two weeks after the dresses were show cased. This time of disagreed for the law sadly happens a lot to designers and creatives in the United states. Lets see how this happens.
Of the many crimes that are present in this day and age, one that not only vandalizes the property, but as well as historical background is that of art theft. A crime that has taken away the sanctity of churches as well as many other religious and historical sites. Thefts have ranged from WWII (World War II) to the times of the Holocaust. Of the items that were taken from the churches, relics were items of great priority. These items not only had great value to the churches they were stolen from, but a great value to relic collectors. Most of the items taking during these times were either sold or placed in underground storage. Most of these items that were place in these secret places were never to be seen again. From the
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.
How can traditional (or old media) enterprises such as film, television and music overcome the threat of online piracy and file sharing?
Counterfeiting and piracy of fashion design are illegal, unethical, takes legitimate profits away from the company, and is not safe. Counterfeiting and Piracy are nearly considered a $450 billion dollar industry (do the right thing, n.d.). It includes selling, producing, and using “fake” or “knockoff” fashion designs and passing them as authentic without rightful permission. When buyers knowingly buy counterfeited goods. They only consider the cheaper price and luxurious look of the mocked product.