Law in Contemporary Society

View   r6  >  r5  ...
ChristinaYoun-SecondPaper 6 - 04 Apr 2008 - Main.ChristinaYoun
Line: 1 to 1
 
META TOPICPARENT name="WebPreferences"
-- ChristinaYoun - 01 Apr 2008
Line: 16 to 16
 

What is being sold here?

Fashion, as an institution, is based on copying elements from other designs and disseminating the trends. A trend is a trend because everyone is doing it. Throughout the years, hemlines have risen and fallen. Waistlines have sat high on the hips and super low. To be sure, a fashion trend is not House-specific. Dolce&Gabbana doesn’t own the skinny jean nor does Chloe own the trapeze top. Every season, we see very similar design elements from the Houses, which get reinterpreted and distributed to your local Forever 21.
Changed:
<
<
Then, what is so different about low-end fashion manufacturers copying “original designs” when the “original designs” themselves are copies of other designs? The most obvious answer would be the price tag. Other differences include quality of materials and craftsmanship. But most importantly, the “original designs” all have insignias, unique to the House that claims to have created the design, proudly emblazoned on the sleeve, seam of the bodice, and/or inside the article posing as a size indicator.
>
>
Then, what is so different about low-end fashion manufacturers copying “original designs” when the “original designs” themselves are copies of other designs? The most obvious answer would be the price tag. Other differences include quality of materials and craftsmanship. But most importantly, the “original designs” all have insignias, unique to the House that claims to have created the design, proudly emblazoned on the sleeve, seam of the bodice, and/or inside the article posing as a size indicator. Ultimately, the Houses are putting their symbols, their good names on the market.
 

Trademark and Anti-piracy Laws

Changed:
<
<

The Anna Sui Example

>
>
Currently, there exist trademark laws that protect brand names and logos. Original patterns and prints are also protected by law. Thus, the truly “original” aspects of the Houses’ production are protected already. For example, designer Tory Burch sued a number of chain stores for carrying ballerina flats with insignias too similar to hers. Likewise, designer Anna Sui sued Forever 21 for infringing on her unique prints on 26 occasions. There are more than twenty other designers who have filed similar lawsuits against Forever 21. To be sure, intentional attempts to produce counterfeit original luxury goods are prohibited by law.
 

So what is "ruined"?

The Bottega Veneta Example


Revision 6r6 - 04 Apr 2008 - 17:05:32 - ChristinaYoun
Revision 5r5 - 04 Apr 2008 - 04:00:08 - ChristinaYoun
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM