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Who Has The Final Say In The Plagiarism Dispute Of Fashion Industry?

2019/8/22 18:06:00 0

Intellectual Property Right

The "plagiarism" dispute in the fashion industry has existed for a long time. It seems that this is an industry driven by creativity. In essence, because of the trend of global unification, fixed categories and restrictions on appearance, the creativity of clothes is the most difficult to define. In the market, different brands are often seen in the market. Most of the colleagues in the industry are tacitly aware of these similar styles.

With the emergence of independent designers in China, the awareness of intellectual property rights has gradually increased in the fashion industry. In recent years, related "plagiarism" news has entered the public view.

This is a regretful event, because both sides have a good reputation in fashion circles: one side has successfully transformed from model to designer, the experience of life is full of courage and innovation, and the other is the leading group of women's wear in the industry. And the event of the event has brought the inevitable negative market impact to both sides. This is not a law to solve.

In fact, regardless of domestic or foreign trademark law and copyright law, the creative protection for clothing design is limited to LOGO, printing and other pattern elements. The whole costume has not been included in the scope of intellectual property protection. It can be said that the design of plagiarism not granted the design patent is not illegal. Therefore, whether or not there is "plagiarism" can only be seen at the legal level on both sides' attitudes, forensics and court decisions.

It is worth pondering why this event did not form a positive opinion on one side at the market level. From the brand perspective, consumer market support is their concern. Litigation is also hoping to make the law a positive endorsement in the market.

Therefore, the real referee is actually a "consumer". Even if there is no legal decision, consumers have their own standards to determine whether the brand is "plagiarism". Let's look at several events.

  Consumer consensus

Us Chao Off-White recently launched a plagiarism lawsuit against the accessories brand Rastaclat, a $18 "Off-Clatc/oRastaclat" bracelet, which is being sold by brands and retailers including Amazon in the name of "Off-Clat" and / or "Off-Clatc/oRastaclat".

In the case, Off-White believes that Rastaclat's products use its classic quotes and red label elements to try to confuse consumers and make them mistaken for products purchased from Off-White. In fact, Off-White did not apply for patent trademarks for appeal elements.

Where does Off-White come from? They believe that in the 6 year development history of the brand, these two design elements have accumulated trademark assets through a wide range of marketing activities and the resulting consumer reputation and public opinion effects. Retailers, consumers and the public are familiar with Off-White products and brand names, and connect these design elements to Off-White.

Although the lawsuit is continuing, fans of Off-White, and even the people who are familiar with the brand, will recognize the suspicion of "plagiarism" Off-White when they see these two signs.

   Consumer professional

A few years ago, the assistant of the 90s company sent out a series of merchandise pictures angrily, saying how to copy it so naked. At first glance, it turned out to be a women's clothing brand with a leading domestic performance and a low profile dedication, but almost every picture has an international reputation. The company has recommended this brand many times, hoping that other customers will learn from them. But these pictures completely destroy the three judgments of the brand.

When the market is paying attention to the study of the 90's consumer market every day, has it realized that this group is quite professional in addition to its independent personality lifestyle? They are well aware of the values, characteristics and explosions of every popular brand, and can not tolerate any deceit in their hearts. They feel very Low. The women's clothing brand in recent years is transforming into "younger" products, and the price performance of the products has always been a good word of mouth. However, can such plagiarism turn a blind eye to the new main consumer groups?

Consumer values

This incident happened to me. He used to customize high-heeled shoes in a well-known custom shoe brand. Brand service can be said to be impeccable, comfortable environment, a clear flow, rich choice of leather and style, fine to 1/4 size, enjoy the real VIP service, and the last shoe scheme is also fondle admiringly.

However, at the time of confirming the order, the custom consultant suddenly said, "do you want to change the sole into red? At that time, she said, "no, I don't want to be misunderstood. I'm wearing ChristianLouboutin." Although we understand each other's good intentions, the impression on the brand is reduced at once.

So what is the ruling standard for consumers to plagiarize? It is brand identity (BrandIdentity): logo, pattern, style, values... When the identity of a brand has distinct characteristics and is recognized by fans and even the public, it will be maintained by the market, whether or not there is a legal endorsement.

Small CK, for example, has been out of place for young people in recent years, and shops are often as lively as free markets. Consumer groups are very clear about the brand: small CK, the big trend of the universe falls on the twin sisters of the people. At first glance, they are like big names, but they have their own unique highlights. The key prices are still beautiful. Small CK has been learning from the design elements of the international brand, but the final product must be on the market with its brand image.

Without a clear brand identity, even if the brand has certain market reputation, consumers can not show their position to support it at the critical moment. If we want to make the "international brand", consumers have more stringent identification requirements for brand identity. CELINE's sudden transformation is a classic case of global fans.

The latest market research data show that the global market growth has entered a unified era. China's consumer market is no longer later than the West. The eyes of China's main consumer groups have been globalized, and the cognition of brands and products is more professional. This is a good thing. In the era of homogenization of market products, the brand must explore actively and focus on its own brand identity construction, and products are the fruits of displaying brand value. Products change every season, but brand value is eternal.

The competition of clothing brand is not a short-time confrontation, but a long term competition. The key to competition is brand power. In order to achieve this common goal, Phoebe and his strategic cooperation with overseas Chinese University of Jiaotong University have set up a series of brand strategy courses with "brand value" as the core for China's fashion industry. It is hoped that in China no longer will be entangled in the "plagiarism" of products, but a brand of Chinese clothing with independent innovation and personality standing on the global market.

  


Source: Phoebe: Gu Jing

Copyright notice

This article is an exclusive manuscript of Chinese clothing net. It can not be reproduced without authorization, otherwise it will be investigated for legal liability.

The content of the article is purely personal view of the author.

If you need to enter a column, please contact: Mr. Chen: 0571-85337667

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