The New York Spring Fashion week is coming up and a lot of cool designs are coming out for Spring 2013. Many styles that are coming out have the same looks as many big designers and that will most likely concern the mass. So is it illegal to have a copy of another design?
According to US law, it is okay to have a copy of another designer product. The US law allows for copies because it promotes growth and competition in the economy. Copyrights and Patents are mostly applied to ideas, artworks, products, but less for usable goods. This does not mean that fashion pieces are not considered art pieces nor innovative ideas. It just means that most fashion goods are wearable and usable goods. The US government is okay with having similar products in the market set at a different price point. The government feels this is a means of fair competition in a free trade economy for American businesses. What is considered illegal then?
A product, such as a handbag, cannot be an exact copy. This is where the term “replica” comes into play. A replica is a product that looks exactly the same as another product. If the product, let’s say a handbag, is an exact replica of another product. The original owner of the product has the right to take legal actions. This law applies mostly to shoes, handbags, clothing, glasses, jewelry, and anything else fashion related.
Let me know your thoughts. Do you think this is fair? Do you think we should change our laws?