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September 4, 2007

Copying designer fashion

Should knock-off fashion designs be illegal? That is the latest intellectual property issue, as the New York Times relates in Before Models Can Turn Around, Knockoffs Fly:

A debate is raging in the American fashion industry over such designs. Copying, which has always existed in fashion, has become so pervasive in the Internet era it is now the No. 1 priority of the Council of Fashion Designers of America, which is lobbying Congress to extend copyright protection to clothing. Nine senators introduced a bill last month to support the designers. An expert working with the designers’ trade group estimates that knockoffs represent a minimum of 5 percent of the $181 billion American apparel market.

Outlawing them is certainly an uphill battle, since many shoppers see nothing wrong with knockoffs, especially as prices for designer goods skyrocket. Critics of the designers’ group even argue that copies are good for fashion because they encourage designers to continuously invent new wares to stay ahead.

. . .

The designers seek to outlaw clothing that looks very similar to their originals but is sold under someone else’s label. They want to extend laws that already ban counterfeit handbags and sunglasses with designer logos, which reportedly account for as much as $12 billion of sales. A reliable estimate of knockoffs cannot be determined because designers and retailers disagree on which clothes are copies and which are merely “inspired” by a trend, a normal part of the fashion food chain.

Unfair counterfeiting or healthy competition? Stifling creativity or encouraging it? Good for consumers or bad for consumers?

All tough questions in the I-Cubed Economy.

Posted by Ken Jarboe at September 4, 2007 3:29 PM

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