"Beach Please" lawsuit

Image H&M(left) and Forever 21 (right).

H&M is suing Forever 21 for allegedly plagiarising  a bag design.

The Fashion Law reports that H&M filed a lawsuit against Forever 21 "for copyright infringement", trade dress infringement, false designation of origin and unfair competition for their "Beach Please" tote bag. It was said that H&M has in-house designers who crated the graphic for the bag and received well by consumers because of its "distinctive design", and as a results has sold thousands worldwide. H&M's copyright for the bag was registered in June, and if Forever 21 continues to sell the bag, then it will cause damages to H&M's reputation.

Both H&M and Forever 21 are retail fast fashion that take trends off the catwalk to be made into cheaper alternatives for people such as the millennials. So there's bound to be pieces that look almost identical. I feel that fashion has come from such a long way and ever changing, therefore there's just too much designs to keep track in one's mind. Your design or your visual can be similar to someone else who is creative. But if you were aware of this existing creation, and shamelessly copied the design with the smallest tweaks in difference, then I disagree with what you are doing. Who are you to go and copy someone else's success? it's almost like you've run out of your own ideas.

So how can infringement be dealt with? Having copyright to protect your designs but it can only protect to a certain degree based on your brand and who you are, especially when it comes down to money.

Reference: http://www.thefashionlaw.com/home/hm-is-suing-forever-21-for-copying

http://www.cosmopolitan.co.uk/fashion/style/news/a38852/hm-are-suing-forever-21-for-copying/
http://uk.businessinsider.com/hm-is-suing-forever-21-for-allegedly-copying-designs-2015-9

Zara, I Love You but I Hate You?

Image from @tuesdaybassen Instagram.

Bassen is an independent illustrator and designer based in LA. With over 100k Instagram followers, she was notified of the copying from her fans. The image above is where Bassen has broken silent and posted the side by side comparison of her work and then Zara’s copy. She contacted Zara with a lawyer, and the response from the big corporate was that they rejected her claims because of the ‘lack of distinctiveness’. It is very disheartening. I come from a background of creativity and art, and feel her pain. Bassen has mentioned how so much money was thrown into just having a lawyer. Especially trying to battle it out with a big fashion-brand like Zara, as they claim average of ‘98000.000’ visit a month on their website compared to the small known artist.

Zara has been criticised before of similar designs to Celine, and luxury shoe brand Christian Louboutin have sued them for selling their signature red-soles. My views on this is that these companies have the money, they are able to protect their signature style such as Louboutin. Also, High-end luxury fashion is very expensive to afford for the big number of the population, therefore retail brands coming out with similar versions with small tweaks is a way for common consumers to afford. Fashion is forever changing, and fast fashion which in way can’t be helped.




Reference: https://www.theguardian.com/fashion/2016/jul/21/zara-accused-copying-artist-designs-fashion
https://www.instagram.com/tuesdaybassen/
https://twitter.com/adamjk/status/755782747206148100/photo/1?ref_src=twsrc%5Etfw