Imitation is the sincerest form of flattery; but not always. In the fashion world, flattery often comes in two forms. First, the designers regularly take their inspiration from older designs and thereby flatter the prior designer. Knock-off manufacturers also “flatter” the new designers by almost immediately copying their designs. However, fashion designers don’t appreciate the compliment when it is from knock-off manufacturers.
There has been a long discussion within the fashion and intellectual property communities about whether or not there should be intellectual property protection for fashion designs. The crux of the issue from the proponents for garment design protection is that within hours of revealing a new garment design, well established knock-off houses begin manufacturing copy cat designs and soon enter the stream of commerce almost instantly. It is argued that those copy cat designs deprive the “true designer” of their rightful ability to gain financially from their creation.
The opponents of fashion design protection say that no protection is warranted because the “true designer” has been rewarded financially. That sounds cryptic so let me explain. The opponents argue that new designs are most always reinterpretations of old designs that have been around for decades. Even those older designs were themselves based upon even earlier designs. Thus, there is little, if any, creative design in the so called “new” designs. The United States Congress has been discussing these issues since as far back as 1914. Despite protection for the designs of boat hulls (that’s a whole different article), protection for fashion designs has so far not made it past the discussion stage. The Design Piracy Prohibition Act (S. 1957) was introduced in 2006 but nothing has been passed yet. In its current form, the Act would basically protect the appearance as a whole of clothing, undergarments, footwear, handbags, purses, eyeglass frames, and other named items. The protection would be for three years and the designer would be required to register their designs with the U.S. Copyright Office within three months of going public with their designs. The debate is likely to continue.
I personally don’t yet know where I come down on the issue. My analysis is not based on the fashion designers but people I see on a daily basis. Some people can just put an outfit together and look fantastic. I can see that creativity. Others like me have to work hard at it and sometimes we just can’t get it right. My personal research as to whether new designs are taken from older ones is ongoing. Every clothing item I have saved with the hope that it would someday come back in style hasn’t come back . . . yet. I realize that highlights my point about working hard and just not getting it right. I struggle with whether I bought the right items or chose to keep the worst ones. However, I continue to be comforted in not ever having owned a pastel cotton suit like Don Johnson in Miami Vice.