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From Inspiration to Imitation: Fashion Law Unravelled
Imagine you’re a new designer pouring your creativity into every detail of your fashion label.
Then, you notice a competitor’s collection that looks strikingly similar—so close that it’s no longer just “inspired by” but feels like outright copying. This scenario highlights a crucial issue in fashion: where does inspiration end, and infringement begin?
The landmark case of Seafolly Pty Ltd v Fewstone Pty Ltd [2014] FCA 321, which you can read in full here, delves into this question. This case illustrates the fine line between lawful inspiration and unlawful copying, underscoring the value of intellectual property rights in protecting creative works.
The Seafolly Case: A Study in Design Protection
In this case, Seafolly, a prominent swimwear brand, discovered that Fewstone’s brand, City Beach, had created designs imitating their original works, down to intricate design elements. To view the designs click on this article here
While City Beach claimed it was merely using Seafolly’s work as a “reference point,” a common practice in fashion, the Federal Court determined that they had crossed into copyright infringement. By using Seafolly’s designs as direct instructions for their own manufacturers and designers, City Beach had replicated essential elements of Seafolly’s creations, far beyond the realm of inspiration. To view the actual case – see this link – https://jade.io/j/?a=outline&id=318799
An image of the copycat design.
The original design is below
The copy design is below
Seafolly’s original design is below
The copy design is below:
Copyright and Registered Designs in Fashion Law
The Seafolly case highlights how copyright protection can safeguard original artistic works, including unique patterns, prints, and combinations of visual elements. For example, Seafolly’s English Rose and Covenant Garden designs were protected under copyright, which covers original artistic elements. On the other hand, registered designs protect the distinctive appearance of a product, such as shape, colour, and ornamentation.
Together, copyright and registered designs provide a strong framework for defending creative boundaries against imitation.
Register Designs Early to Protect Your Creations
For emerging brands, registering designs early is essential.
By securing legal rights over their creations before making them public, designers reduce the risk of imitation and protect their unique designs. Furthermore, for brands with international ambitions, the Madrid Protocol offers a streamlined way to protect trade marks across multiple jurisdictions, safeguarding brand identity on a global scale.
Monitor the Market to Catch Infringements
Monitoring the market is another critical strategy in protecting intellectual property. In Seafolly’s case, vigilance allowed the company to detect City Beach’s actions early and take steps to protect its reputation and revenue.
Where to from here?
At Sharon Givoni Consulting, we understand the challenges of balancing creative expression with protecting intellectual property.
We’re here to help designers navigate these complexities, turning your ideas into assets™. Whether you need advice on copyright, registered designs, or a comprehensive IP strategy, our expertise empowers you to safeguard your creativity in a competitive market.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.