Fashion is constantly evolving. With trends coming and going in the blink of an eye, it can sometimes be hard to tell where inspiration begins and imitation ends. Fast fashion brands like Shein make this all that much harder, sometimes seeming to blatantly copy from other designs. During these discussions, the nuances of intellectual property law often go overlooked. Learn more about what it means to navigate fashion patents in the industry and see what makes the difference between copycats and inspirations in designs.
What Are Fashion Patents?
Fashion patents are intellectual property rights granted to designers that legally protect their unique designs from being copied or replicated without permission. These patents work to safeguard the originality and creativity that designers pour into their work.
There are different types of patents in the fashion industry, with design patents being among the most prominent. These patents pertain to a design’s unique visual characteristics. A design patent protects the way an article looks, including aspects like its shape, the configuration or structure of its components, or its unique surface ornamentation. This protection lasts up to 15 years from the date of the grant, giving designers a significant window of time to profit from their creations before they become part of the public domain.
How Fast Fashion Affects Intellectual Property
Fast fashion brands like Shein operate on a quick turnover basis with the goal of replicating the latest high-end fashion trends at affordable prices. This industry model often sidesteps original design patents, leading to claims of plagiarism. These companies leverage the delay between patent filing and approval to produce similar designs, complicating the enforcement of intellectual property protection in the fashion industry.
There have been numerous legal battles between fast fashion brands and original designers. In 2022, for instance, Stüssy sued Shein for trademark infringement over claims that the fast fashion company used similar designs and branding to take business from them. These cases often highlight the tension between protecting the creativity of original design and the demand for affordable trend-based clothing.
Navigating Fashion Patents in the Fast Fashion Era
Designers need to understand fashion patents and how to obtain them to protect their work from copycats. This often means meticulously documenting the design process to establish originality and submitting a properly filled patent application to secure protection.
However, certain challenges persist when protecting designs against fast fashion companies. These include the slow patent approval process and the difficulty of proving design copying in court. Another challenge is the high cost of legal litigation, which can be a deterrent for designers with limited resources.
Legal Strategies for Protecting Fashion Designs
Several legal tools can aid designers in protecting their intellectual property. Trademark protection for brand names and logos, copyright protection for pattern designs and distinctive features, and patent protection for unique designs are all there to help designers fight back against those using their work without permission.
To build a strong case for patent protection, designers should aim to create distinct, non-obvious designs that can be clearly and completely communicated through visual depiction. Avoiding generic or trend-based designs can also minimize potential disputes over patent infringement.
Inspiration vs. Infringement in Fashion
There’s a fine line between drawing inspiration from trends and committing patent infringement. While it’s accepted that designers may glean inspiration from others, directly copying patented designs constitutes illegal activity. You need to be able to discern between acceptable influence, which promotes creativity and innovation, and illegal imitation, which devalues original designs and violates intellectual property rights.
Legal Consequences and Remedies for Patent Violations
Violating fashion patents can lead to severe legal consequences, such as financial damages or an injunction to stop the manufacture and sale of the infringing product. The violator may also have to pay for the legal costs of the patent holder.
For patent holders, remedies may include obtaining an injunction to stop the release of copied designs, claiming damages for lost profits, and potentially attaining the earnings made from the sale of copied designs.
Patent Disputes in the Real World
In addition to Stüssy, Ralph Lauren and Dr. Martens also filed similar suits for alleged counterfeiting. In 2018, designer Christian Louboutin engaged in a trademark dispute with the company Van Haren over the iconic red-soled shoes, eventually winning.
Cases like these demonstrate how blatantly using elements of a design associated with another company or designer can infringe on their creator’s intellectual property and ability to profit from their hard work. Learning from past legal battles can equip designers with insights to better protect their creations and navigate the fast fashion-dominated industry.
Protect Your Fashion Designs With Intellectual Property Protection
To properly protect and profit from your designs, you need to understand how patents work in the fashion industry. Patents offer a means for designers to protect their creativity and maintain their competitive edge. However, the fast-fashion era presents a significant challenge to these protections, underscoring the importance of designers being vigilant about patent protection.
For experienced legal advice on fashion patents and intellectual property rights, contact Paul & Paul at (215) 568-4900 or on our website for a free consultation.