[tamdoankc]

Not talking about graphics, images or pictures but the actual physical shirt design. Let's say Ralph Lauren comes out with a new polo shirt that has 3 sleeves. Can you make 3 sleeve polos under your own brand or is that design copyrighted?

 

[kimura-mma]

Technically, designer clothing is protected under copyright. But knockoffs are created by making small changes to the original. The copyright owner may still be able to sue, but I don't know how often that happens in the fashion industry.

Depending on how inventive and unique it is, clothing can sometimes be granted a utility patent or design patent. This would offer the designer more protection and legal recourse.

 

[tamdoankc]

What would be considered something unique enough to patent? Trying to figure out where that line is drawn. Would a 5 button polo be unique enough? How about a pocket for an ipad? Just throwing out examples.

 

[kimura-mma]

Clothing patents are extremely rare.

I believe there needs to be some sort of functionality involved to qualify for a patent. I believe the Marines own a patent on their camouflage patterns, because it's not just a design, it performs a function of disguise. I believe new fibers and fabrics would qualify for a patent. Maybe Under Armour's hot and cold weather gear. Or if you invent a glove that lets people putt like Tiger Woods.

But I don't believe extra buttons or a pocket would qualify.

 

[ShirlandDesign]

[media]http://www.youtube.com/watch?v=zL2FOrx41N0[/media]

 

[kimura-mma]

Good vid, John. I stand corrected on designer clothing being protected under copyright. I'm surprised at how little recourse there is for fashion designers.

 

[ShirlandDesign]

Shocked the stuffing out of me. p.s. if you like this talk check out what the folks on TED have to say about the future of marketing. With out any hyperbole what so ever, these guys and girls are the smartest people on the planet, so smart in fact they limit there talks to 18 minutes (the attention span of the average person).

 

[tamdoankc]

Very interesting video. It's ok to copy styles but would it be ok to go out and buy a brand name shirt and relabel and resell it under a different brand? Or let's say you go to where a factory produces "ABC apparel" and you tell them to make the same stuff but put it under a different label? Not sure if that goes over the line.

 

[kimura-mma]

Or let's say you go to where a factory produces "ABC apparel" and you tell them to make the same stuff but put it under a different label? Not sure if that goes over the line.

This appears to be exactly what happens in the fashion industry. Morally, it's wrong. But it doesn't seem like it violates any IP laws, so there isn't much the original designer can do about it.

would it be ok to go out and buy a brand name shirt and relabel and resell it under a different brand?

From a business perspective, this would be tough to do. Once you buy it at retail, then mark it up for re-sale, who would buy your unknown version for a higher price than the original, name brand version that is actually less expensive?

From an IP perspective, it would be ok to do this as long as there are no trademarked or copyrighted material on the shirt. For instance, you can't do this with Affliction t-shirts. The logo and artwork printed on the shirt is protected. But if you took a striped polo from Gap, and the label was the only Gap identity on the shirt but you remove and relabel it, then that should be ok.

 

[tamdoankc]

Wow, learn something new everyday. Reminds me of an article I read about the guy who created the smiley face symbol and never had it trademarked/copyrighted.

 

[Solmu]

Kathleen Fasanella (Fashion Incubator) also has some good information on this topic.

I'm probably better off not repeating specifics because it's been a while since I read her book and I'm forgetting the details, but I do remember that intellectual property protection for clothing is woefully inadequate. Just one of the reasons the industry is so insular and reputation based.