One of the problems of being a local artisan in today’s world is design theft.
Having worked in the corporate retail fashion industry for almost twenty years in the production and product development arena, this site is familiar with the workings of how large fashion brands create and develop their product.
In the first stage of designing a collection for larger brands the designer is sent on a shopping trip for aspiration and inspiration samples (i.e. other brand’s products). Some brands send their designers on adventures to be inspired by nature, cultures and architecture. However most brands go to Europe or Asia and shop for items of clothing, accessories or jewelry that will be part of their samples for inspiration.
A good designer would take one aspect of something they found on their trip and elevate and/or appropriate the idea to make it their own and within the aesthetics of their brands. It could be a pattern from an expensive piece of vintage wear, a dress from another brand, a piece of jewelry or a button from a low cost brand. Researching on the internet or catalogues has made seeing what is being offered globally much easier for most brands. The design team then creates inspiration boards which reflect trends, materials and color palettes that everyone has agreed to work from to form a cohesive style statement.
However especially in the last few years we are seeing well known brands that are high end or brands that specialize in mass production at low price points blatantly steal the ideas and designs of smaller, local artisans. Brands such as Zara, Banana Republic, H&M, Ivanka Trump and ASOS have knocked off designs of smaller brands without even changing much of the original design. Its not designing just another nude pump or t-shirt, it’s very intricate designs that are being copied detail by detail.
I have heard from many smaller brands that they do not let in other brands in their showrooms or even let buyers or merchandisers come in as they just steal their ideas and designs and have them created elsewhere. This isn’t only for clothing, its footwear, accessories, home decor, jewelry plus other areas of design. Many smaller brands are vulnerable to other designers just coming into their shops and downright stealing their ideas and designs.
These larger brands have access to legal teams and count on the “grey area” of stealing intellectual property from other brands. They rely on the fact that for the most part the local artisan does not have a budget for a legal team to sue for design infringement. Due to this atmosphere there is rampant theft of intellectual property that does not go challenged in the design world domestically and internationally.
While many may appreciate seeing a Gucci or Balmain knockoff in Zara now within reach of their budget they are ignorant that they, the customer contribute to the problem. They remain unaware that many (not all) of the designs they are purchasing are not original and hurt the business of the original designer whether it is high end couture or local artisans.
Much of the blame can be laid at the hands of the venture capitalist who have acquired most of the well known brands you recognize. These investors don’t want to hear that fashion is fickle, they want a return on their investment and for them part of that is laying a very structured design process that doesn’t breed originality. They want a sure deal. Their buyers, sales teams and merchandisers have numbers on what worked and what didn’t so the design team starts out with limits placed upon them even before the design process begins. There are very few brands today that are design driven instead of merchant driven. The big business of corporate fashion is one of the reasons there are so many local artisans out there as they left corporate fashion to design their own lines and bring originality back to their trade.
With the advent of social media, it has been a great tool to put a spotlight on when these infringements happen. Just recently the very artisanal Italian shoe brand Aquazzura has decided to take legal action against the Ivanka Trump brand for blatantly stealing their footwear designs. The style in question is very intricate and it was copied in its entirety. Of course in typical Trump fashion they denied they copied Aquazzura’s design however since the design was quite original Aquazzura feel they have a good case against Ivanka Trump and ask to cease and desist and take the product off the shelves (the main action a brand asks another brand to do when there is design infringement). The Ivanka Trump line also in the past was taken to task by Derek Lam for copying a footwear design that was quite original and not to be mistaken as a design coincidence.
