Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, 11 March 2013

Isabel Marant hates copycats


Even if you have never heard of Isabel Marant, you will almost certainly have worn something inspired by one of her collections. She designs the kind of clothes that you can throw on and rush out of the door, but still look chic in. In a recent interview with The Telegraph, she didn't shy away from spurning those who copy her designs.

Perhaps her most famous creation of late has been her unique take on the wedge trainer, which has been copied incessantly for months. But Marant believes that "everybody who has the wrong one looks quite bitchy, very vulgar, when mine are not at all." Something to bear in mind when you're thinking about buying that £30 pair of dupes.


Isabel Marant fights counterfeiting constantly, and there's even a page on the brand's website dedicated to ensuring customers don't accidentally buy fake items. Copied and counterfeit goods have a huge negative impact on designers, not only financially, but also creatively. Marant points out that "as soon as you have an idea it's copied and you don't like it in a minute."

How do you feel about counterfeit goods? Would you rather save up for a pair of Bayleys, or buy a fake pair and five other pairs of shoes?

Bemsy x

Friday, 8 March 2013

'A Question of' Trademark Infringement


 A Question Of is a relatively young brand which was established in 2010 by three friends who believe in sustainable fashion. As a socially responsible brand, their clothes are made in Africa from organic cotton. 

So far, you're probably thinking that this is a great brand who have perfected the balance between cool and ethical clothing, and I most certainly agree. Where things start to go a little wrong is the belief that "their digital prints and slogans [are] developed in collaboration with a line of talented artists."

As can be seen in the photo above, A Question Of are currently selling tops with the slogan 'Hello Kitty'. Unless you've been hiding under a rock your whole life, you'll know that Hello Kitty is a little Japanese bobtail cat who was born in London in 1974, which is now a global brand worth $5 billion per year.

A quick trademark search on the Intellectual Property Office website confirms that, as I suspected, Hello Kitty is a registered trademark.

Trade mark EU006983282

A Question Of is potentially guilty of unauthorized use of a registered trademark. It does not matter if they intended to infringe the mark or not. The unauthorized use of the mark 'Hello Kitty' is also particularly contentious as the mark is so well known. 

What do you think about this issue?

Bemsy x

Sunday, 3 March 2013

Cara Delevingne trademarks her name


You've probably heard by now that Cara Delevingne, a lady who needs no introduction, has made the business savvy move of trademarking her name. She filed to register a trademark in December 2012 and was granted protection in January. 

You may have read some reports where the journalist was perplexed as to why Cara would want to prevent others from releasing items such as walking sticks and emery boards with her name on. Even Sara Karmali at Vogue.com was confused. What such journalists don't know, and obviously couldn't be bothered to find out, was that when you file for a trademark, you have to specify the classes in which you want trademark protection. So, Cara has protection in four classes related to fashion and accessories. It doesn't mean that she plans to release every product in every class. It's just the way the system works. You specify the class of goods, not the particular goods you plan to release. 

What I think is much more interesting than the speculation over Cara branded walking sticks and umbrellas is the fact that now Cara has trademarked her name, she has five years to put the trademark to 'genuine use' or the registration will be revoked (Trade Marks Act 1994 s.46).

What does this mean? Well, we can expect Cara branded goodies pretty soon as Cara is likely to want to assert her ownership of the trademark.

Cara will reap many benefits from registering her name, not least that she won't have to rely on the common law action of passing off, which is the only protection offered to the owners of non-registered trademarks, and which incidentally is incredibly hard to prove.

Bemsy x

Wednesday, 13 February 2013

Lipsy x Amy Childs


Those of you outside the UK probably haven't heard of Amy Childs. Even though I am in the UK, all I know about her is that she is a bimbo from the TV show The Only Way is Essex (TOWIE), a structured reality show that follows the lives of tango-ed rich kids who seem to have been deprived of even the tiniest amount of common sense. Surprisingly though, TOWIE is really quite popular (probably for its comedy value), and as a result, many of the so-called stars have decided to try and make a quick buck by putting their name to a line of dresses, or make-up, or frankly, whatever they can get their hands on.

This is where Amy Childs comes in. She has put her name to a line of dresses at Lipsy, the much-loved party dress retailer. The line mainly features lace bodycon dresses, and we are led to believe that Amy had some say in the design of the dresses. But what really makes me laugh is the Lipsy x Amy Childs "Laura" dress, because really, it should be called the Stella McCartney Octavia Tri-Tone Sheath Dress.

Left - Stella McCartney Octavia Tri-Tone Sheath Dress; Right - Lipsy x Amy Childs "Laura" Dress

What frustrates me the most is when a British fast-fashion retailer knocks off the design of a ridiculously talented and hard-working British designer. Stella's contribution to fashion, and in particular to British fashion, is incredible. Even though she is the child of Paul and Linda, she still had to work hard to achieve her goals, studying at Central St Martins, and interning at Lacroix and Edward Sexton on Savile Row. She is a truly talented and accomplished designer.

And then Amy Childs and Lipsy come along and rip off one of her designs. I really do find it gross. Even though knocking off other designers isn't illegal, it is creatively lazy and disrespectful. And, in collaborations such as this, I really do wonder why, when Amy and Lipsy literally could have designed ANYTHING, they chose instead to knock off Stella. 

What do you think?

Bemsy x

Friday, 1 February 2013

LVMH reports annual profit boost


Today, LVMH announced a profit boost of 12%, from £2.6 to £2.9 billion. Although the conglomerate is usually associated with luxury brands such as Dior and Louis Vuitton, it was the company's selective retailing division that showed the largest increase in sales. Shops such as Sephora, and the department store Le Bon Marché, showed an increase of 14%, which was substantial compared to the 7% rise in fashion and leather goods sales.

It would be interesting to know if the sale of luxury goods such as Louis Vuitton bags didn't see as big an increase because everyone seems to be strutting around with an LV speedy bag. And perhaps the celebrities who are now donning Givenchy, such as Kanye West and other rappers, have harmed the brand so that traditional luxury consumers now go elsewhere for their designer goods.

Perhaps LV and Givenchy have been trying too hard to make a profit, eroding the exclusivity of the brands which has in fact harmed their sales.

Do you think luxury is still luxury? Should luxury goods be accessible to everyone?

Much love, Bemsy x

River Island v Markus Lupfer - Which do you prefer?

Markus Lupfer has had a thing for lips for some time (remember those sparkly vampire lips last year?) and his offering this year is a selection of juicy, glittery lips on simple white t-shirts. River Island has been inspired by Markus and is currently selling two very similar tops, although they are no-where near as gorgeous as Markus'. What do you think?


Left - River Island; Right - Markus Lupfer

Left - River Island; Right - Markus Lupfer

Much love, Bemsy x


Wednesday, 9 January 2013

Watch out Yatt, I can hear Louis Vuitton growling!


If there's one thing everyone in the fashion world should know, it's that it's never wise to mess with the legal team at Louis Vuitton. They are notorious for fiercely protecting their intellectual property rights, no matter how seemingly minor the infringement might be to some.

The latest brand to pinch LV's registered trademark for their own use is Yatt, which is based in Spain. As a brand, they seem to have a bit of a thing for using well-known registered trademarks in their designs.

LV Bones (Brown)

LV Bones (Natural)

These bags clearly feature the design elements of the 'Toile monogram' and a stylised 'LV'. It will be interesting to see how LV responds.

What do you reckon? Are the bags some harmless fun, or do they dilute the LV brand?

Bemsy x

Saturday, 22 December 2012

Imitation is the sincerest form of flattery? Proenza Schouler & Three Floor


Proenza Schouler's embroidered bird sweaters and jackets have been incredibly popular this season, fitting nicely into the oriental trend. I was, however, disappointed to find that the supposedly fashion-forward brand Three Floor had taken a little too much of PS's design and put it on their own jacket. So, out of the following four, three are PS and one is Three Floor, but which one?! (The answer is at the bottom of the post)







If you ask me, all four items look like they are from a PS collection. In fashion, it is inspiration, not imitation, that is the sincerest form of flattery. Copying the aesthetic of another person's design so closely is creatively lazy, and I would encourage everyone, where possible, to avoid buying such items and instead shop at brands that are more creatively innovative.

Bemsy x

The answer is...number three! Did you guess right?

Tuesday, 18 December 2012

Doll Boutique rips off Givenchy

One of my favourite bloggers, Jessica Stein from Tuula, sporting a Givenchy Rottweiler Tee

By now, most people will have come across the Givenchy Rottweiler. Ricardo Tisci's Rottweiler first made an appearance in Givenchy's Menswear F/W '11 collection, before making its way into the Womenswear Pre-Fall 2012 RTW collection, this time in the form of a photo taken by Ralph. A. Clevenger. Bloggers the world over have been seen sporting a Rottweiler top, not to mention celebrities, from Liv Tyler to Kanye West. Tisci's idea has successfully bridged the gap between hip-hop and hollywood.

It will come as no surprise that the Rottweiler has been copied to death. A design this popular, and this easy to copy, is a dream for knock-off maestros. However, I was very surprised to find that a British brand, Doll Boutique, who recently premiered their own label on their website, decided to produce their own copy.
Givenchy Menswear Fall 2011


Givenchy Womenswear Pre-Fall 2012 RTW

Doll Boutique Bad Dog Jewel Sweatshirt

I hardly need to point out that Doll Boutique's offering is identical to Givenchy's Pre-Fall design in every way except for the fact that they have used a sweatshirt instead of a t-shirt. What perplexes me is that Doll Boutique had not updated their website for what seemed like several months while they were preparing their new collection. Surely the point of a new collection is to exercise your creative freedom to design whatever you want? Instead, their debut collection does not bode well for the future if all they can manage is a copy of a much-loved Givenchy design. 

There are legal questions at issue here which potentially interlink. First, the obvious knock off of the Givenchy design. While a design itself cannot be protected by law, Givenchy has edited Clevenger's photo, and therefore Givenchy may have copyright protection. Secondly, does Doll Boutique have Clevenger's permission to use his photo on their sweater? 

A friend pointed out that girls not interested in high fashion would not know that this sweater is a Givenchy knock off. However, Doll Boutique has long been known as one of only two retailers of Jeffrey Campbell shoes, and it could therefore be argued that their target market is in fact the fashion-savvy. This adds weight to the argument that they sell this sweater because they know that their customers will recognise it as Givenchy, rather than selling it because they think it's a cool design. 

I emailed both Givenchy and Clevenger last week, and although I have not received a response from either, I am not bothered, as Doll Boutique's sweater has now been listed as 'SOLD OUT'. Interesting, considering the rest of their new collection is still available...

I'm going to go ahead and call this a victory for Redhead Talkin'!

Bemsy x


Friday, 14 December 2012

Topshop's Lanvin lookalikes

Remember this post where I asked if you knew your Lanvin from your H&M? Well it seems that Lanvin's design is proving popular amongst fast-fashion retailers. This time it's Topshop who have taken a liking to the Lanvin beauties...

Lanvin polished leather boots

Topshop Palette Premium Met Boots

I think the Topshop boots are a little too similar to the Lanvin design, in fact, the only part they have not copied is the strap around the top of the boot. While most of the items at Topshop aren't exactly creatively innovative, it seems that their designers have been particularly lazy with this one.

Copying another brand's design is creatively lazy. Do you think fashion would be more exciting if, for example, Topshop just sold Topshop Unique?

Bemsy x


Sunday, 25 November 2012

The mysterious case of the disappearing sweaters - Criminal Damage Update

Criminal Damage Men's No.91 Sweater detail


Remember this post where I wrote about Criminal Damage's (CD) use of Chanel's trademark?

Well, the sweaters and t-shirts have completely disappeared from the Criminal Damage online shop. How very mysterious...

I tweeted CD asking if they were re-stocking, but obviously they didn't reply because I was the one pestering them for a comment on their illegal use of Chanel's trademark. Perhaps Chanel contacted them after I alerted them to the infringement, or perhaps CD just thought better of their 'original design'. Who knows. What I do know is that I'm glad that the tops have gone!

Bemsy x

Saturday, 24 November 2012

ASOS gets inspired

While ASOS is not innocent when it comes to copying high-end designers, their designers are rather good at coming up with items inspired by the catwalks that don't tread on the toes of the original designs.

First up, Prada. The A/W '12 show was iconic, from the clothes to the shoes, and the hair and make-up to the design of the runway.

Prada A/W '12 Two-tone pumps

 
ASOS Prize two-tone pumps

The second brand inspiring ASOS' anonymous designers is Marni. With a 1960s vibe running through the collection, the shoes added the perfect finishing touch.


Photo: Olivier Claisse/firstVIEW - Marni A/W '12 RTW



Marni A/W '12 RTW pumps

ASOS Purpose criss-cross pumps

So, if you are looking for a pair of heels that has a hint of Italian catwalk glamour, I am pleased to recommend these two designs by ASOS. Just remember - there's a difference between inspired and knock-off, and inspired is the way to go!

Bemsy x


Thursday, 22 November 2012

Bargain hunters beware!

Screenshot example of a site selling fake Gucci bags

The internet has made shopping for a bargain so much easier. But a recent survey carried out by MarkMonitor suggests that as many as 1 in 5 consumers in Europe and the US are duped into buying fake goods, believing them to be discounted genuine goods. As a result, luxury labels are suffering, and consumers who thought it was their lucky day end up disappointed.

Search engines like Google are getting better and better at blocking fraudulent websites, or at least not listing them on the first page of search results, but they are still out there and they are still conning consumers. 

There are many ways around being conned out of your money though.

1. Shop the sales at reputable websites

2. Learn to love The Outnet and other similar sites linked to reputable online shops

2. Buy second-hand from Ebay or Preloved

3. Join an online shopping club

But most important of all - be a savvy shopper. If you're even a little bit unsure of the legitimacy of a site, then don't give them your money. 

Have you been bamboozled into buying a fake handbag or item of clothing?

Bemsy x

Tuesday, 6 November 2012

Do you know your Lanvin from your H&M?

H&M imitation suede ankle boots

Lanvin neoprene & leather trimmed ankle boots

H&M seems to have been inspired by Lanvin for their new Grey Concept collection. 

Would you have known if I hadn't told you? Would you have known the difference?

Bemsy x




Thursday, 1 November 2012

Romwe infringes Boy London's registered trademark


Yesterday, I blogged about Romwe's knockoff of Kenzo's tiger sweater. Today I was having another browse and came across what I thought was a Boy London sweater, and Boy London leggings. Why did I think this? Because Boy London sell the exact sweater in black and white, and the exact same leggings. In fact, the only difference between the Romwe sweater and the original Boy version, is the colour of the sweater.

Boy London Eagle Sweat - £55

Romwe Eagle Letter Print Grey Pullover - £27

Boy London Leggings - £40

Romwe Eagle Letter Print Black Leggings - £14


And guess what, Romwe's copy of the sweater has sold out. It would be interesting to know if those who purchased it thought it was a genuine, or knew it was a fake and wanted to save £28 (such a massive saving...)

The trouble for Romwe is, Boy London has registered their trademark, at least in the UK. So, not only have they infringed on Boy's trade mark, but I also believe these items are counterfeit goods. Its aim is to mislead consumers and make them believe that the item is genuine. Therefore, any items that arrive at UK customs will hopefully be confiscated.

Would you buy a counterfeit good to save just £28?

Bemsy x

Wednesday, 31 October 2012

Romwe sails too close to the wind



Another day, another knockoff from Romwe. I really was disappointed when I came across this sweater. The Kenzo sweater has been incredibly popular with fashion bloggers, with the likes of Chiara from The Blonde Salad being snapped wearing one. Retailing at $255 though, it's not something that many people can afford. I think this is what has spurred Romwe to make such a blatant copy - they know they can make money out of Kenzo's design. 

What's your opinion on this knockoff?

Bemsy x

Saturday, 27 October 2012

Criminal Damage live up to their name

Criminal Damage Mens Leopard Print Number 91 Sweater

Last week I wandered in to my local Ark shop in Sheffield. The first thing I saw was this sweater - eye-catching, right? And for all the wrong reasons in my opinion. 

Most of you will be familiar with the Chanel logo and the iconic interlocking C's which stand for Coco Chanel.

Criminal Damages' use of the interlocking C's may not only infringe Chanel's registered trade mark, but the products may also amount to trade mark counterfeiting. 

I have contacted Criminal Damage but have received no response, and the sweater, as well as t-shirts with the same print, are still available to buy on their website. Their website states that Criminal Damage's designers work 'under minimal constraint' and are therefore able to 'have fun and do their own thing', which makes me wonder how they justify trading on the goodwill and reputation that Chanel has established in its trade mark, instead of coming up with their own unique designs. 

What do you think? Should Criminal Damage get away with selling these clothes?

Bemsy x



Tuesday, 23 October 2012

Missguided's familiar looking platform heels

MissGuided Fable Studded Platform Heels

Christian Louboutin for Rodarte Spike Pumps

I was having a little browse on MissGuided.com when I came across the Fable shoes. Louboutin's pumps for Rodarte immediately sprang to mind, which were on sale in Fall '08 but were extremely hard to come by. They were only available at selected Louboutin boutiques and were never available online. Of course, knockoffs were produced at the time, but it is interesting to see that MissGuided has chosen to produce their knockoff 4 years later.

Obviously, the MissGuided pair don't even begin to compare to the originals by Louboutin, but many would argue that because they are infinitely more affordable the inferior quality is bearable. My argument, though, is that Louboutin designed these incredible shoes which most of us will never be able to get our hands on, and that companies like MissGuided should be taking inspiration from such a design, not trying to copy it outright. I would rather own a pair of incredible shoes that I can afford, that don't resemble any other designer's shoes and are therefore unique. 

What do you think?

Bemsy x

Tuesday, 2 October 2012

Runway Dreamz knocks off Lenni Vintage

Screenshot from Lenni Vintage


This post popped up on my news feed today, and I was so shocked! The site in question here is Runway Dreamz, an incredibly popular retailer of fun and trendy customised shorts. Months ago, while on their site, I saw that they were selling these aztec themed shorts and immediately recognised them as Lenni Vintage shorts. I thought that they must have collaborated with Lenni. As a lover of Lenni for her creative designs, I am shocked to find that she had nothing to do with the shorts available on Runway Dreamz.

Runway Dreamz, while popular, is a small business just like Lenni Vintage. They should be supporting the creativity of other designers in their struggle to compete with brands like Nasty Gal and Urban Outfitters, not ripping of their designs for their own financial gain. 

While Lenni Vintage has no protection in copyright law as the fabric she used was vintage and not designed by her, I still believe that Runway Dreamz should withdraw the shorts from their site to show their respect for other designers running a small business. 

Moreover, Runway Dreamz's choice of fabric and design may amount to design piracy as the shorts are so similar to Lenni Vintage's that it could be argued that they could cause confusion among consumers. I, for one, thought that the shorts where by Lenni.

I have tried my best to contact Runway Dreamz (2 emails and 1 facebook message) to ask for their side of the story, but they have not responded.

What's your view on this issue?

Much love, Bemsy x