Reference Or Plagiarism? It Is Always Difficult To Have Fair Judgement In Fashion Design.

The show is the selling and merging of men and women.

The decision to push Burberry to the cusp of industrial topics, and the opponents from the industry are everywhere. The reason is nothing more than "this strategy cuts off the existing chain of industry" and "it destroys the wonderful psychological experience that people spend half a year waiting for the new series to enter the shop."

But Burberry will not make haste decisions simply for news headlines.

And the production cycle to save costs and expenses, of course, is the original intention of the show selling strategy, but from a different perspective, those who criticized Burberry decided to "downgrade themselves" and "sell quickly".

The voice of competition has also brought the most original topic of the original brand, namely, the imitation and plagiarism of fast selling fashion to luxury brands.

27 year old illustrator Tuesday Bassen's comparison of Zara's plagiarism and her own work on Instagram.

Speaking of plagiarism, Zara has been in trouble recently. A group of 12 illustrators is making representations for Zara's plagiarism of their illustrations.

These illustrative artists demanding rights protection say that Zara sells clothing and accessories products containing more than 2100 authorized stores of illustrations or elements.

In response to Zara's response, it is said that according to the original evidence provided by these illustrators, their works lack obvious "originality" characteristics.

But Zara may have underestimated the influence of these "younger generation" illustrators.

With the help of social networking, these illustrators have millions of fans.

The support and support from fans is likely to make Zara vulnerable in this case.

Zara's plagiarism is far more than that.

The incredible efficiency of the Spanish par retail business (from design to print, to mass production, to sales on the shelves), it can complete the whole cycle in two weeks at the fastest time, producing an average of 18000 clothes per minute) pforming the hottest styles and styles of fashion week into its own clothing products, and selling them in advance for six months in the first place.

In the first half of this year, Forever 21, another cheap clothing retailer, was counted to 30 design infringement cases.

Headquartered in Losangeles, online sales of women's clothing brand LO IL even more, Chanel, Celine, Chole and other brands are their plagiarism material.

In this picture, the left side is the original Vetements lighter shoe heel sandals, and the picture is the imitation of LO IL.

Unfortunately, in the face of this kind of cheap clothing brand like "parasite", the senior clothing manufacturers do not want to "see the same thing". However, the cost of protecting the right to move to the law in the name of "plagiarism" is not low at all. Worst of all, such litigation is often ended by the plaintiff.

The simple truth is that if you want to win a lawsuit against a tort, a big brand must first apply for as many patents as possible for its own design.

However, the patent application process is no longer as simple as making clothes. A complete patent application cycle is the shortest in three to six months, excluding the manpower and financial resources spent in the process. Even if the final brand is successfully patented, the fast selling fashion chain enterprises have already made full use of the three to six months' "empty window period".

Christian Louboutin and one of his iconic design masterpieces -- red shoes.

Shoe brand Christian Louboutin is famous for its logo design of red heels.

Five years ago, the company went to court on a piece of paper to call the Saint Laurent brand (also known as YSL brand), accusing the latter of copying the design of the red shoe.

Christian Louboutin, who is confident of winning the lawsuit, never thought that the federal court of New York had failed in the first instance on the grounds that the red shoe could not be regarded as a trademark of the brand.

After such a head start, Christian Louboutin did not give up the determination to continue appeals, and in the following year (that is, 2012) again sued the YSL brand at that time. The court's ruling patent design was effective, but at the same time it made it clear that "when the whole body design of shoes is red, YSL brand will not constitute infringement facts".

Just as the outside world speculated that the YSL brand was going to win the battle against Christian Louboutin, the YSL side decided to "truce".

In view of this case, we seem to see the drifting of the two trial standards.

In fact, it involves two important legal concepts -- Trade Dress and Design Patents.

The so-called commercial appearance protection, in short, means that the products applied for protection have a clear distinction in appearance (such as material, color, pattern, etc.) and the same type of products.

The Federal High Court also added the stipulation of "commercial appearance protection" in 2000. It states that products that apply for commercial appearance protection must have a general understanding in the appearance of consumers. In other words, the appearance of a designed product must be seen from the hands of Party A, not by ethylene butyl.

It is good for brands with a wide range of awareness among consumers, but for those who are not famous, their designs are not well known to the public. Once they encounter plagiarism, such protection is difficult to carry out.

Compared with the "commercial appearance protection", the "design patent" law is more stringent, it is often used to protect products with functional characteristics, although it can also be used to protect the appearance of products, but there are a lot of restrictions.

Not only that, the design patent has a maximum protection period of only 15 years, but after the expiration of the patent, the patent automatically fails.

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It sounds like a mouthful, right? Anyway, although Christian Louboutin has successfully applied for a red sole before the second appeal, YSL can still use a body red design to avoid reference.

For the supporters of the Christian Louboutin red shoe, I'm afraid there's only a gloomy part.

However, the facts are so cruel that the "plagiarism" of the incident, in the fashion industry, always emerge in endlessly.

Art and design, such as the production of creativity for the soul of the work, has always been the "big copy of the world" normal.

However, as mentioned above, because of the unclear definition of relevant legal provisions, the difficulty of qualitative and quantitative evidence and so on, the "plagiarism" behavior often avoids the accusation with positive words, such as "reference" and "salute".

Vetements has been working with 18 well-known brands in the 2017 spring and summer series which was released not long ago. In other words, it is only a slight change on the basis of "take it for use", but the 18 brands involved in the cooperation have shown great enthusiasm. In the final analysis, the relationship between money and fame and wealth is not enough.

The protection of intellectual property rights is always a vague area.

Internationally accepted principles are that books can be used as public resources after 60 years of publication.

But in the field of fashion, people are often more demanding.

The design of a few years ago, which has been copied by young designers from the archives, copied and copied, has been adjusted as a new design. This practice is not uncommon in fashion circles. Only because there are not many modern people who can memorize those old works, such things will not attract widespread attention, but in the crowd there are hidden "eye fashion" police officers.

The dress design (left) and John Galliano made by Paul Poiret before and after 1910s were designed for the Christian Dior brand 1998 spring and summer advanced customization series (right).

In the first few years when John Galliano became director of design for women's clothing in the 90s of last century, he was looking for inspiration from works of Paris's early designers such as Paul Poiret, Jeanne Lanvin and so on.

One of the 1998 spring and summer advanced custom works he made for Dior was identified as the imitation of Paul Poiret's work style during the decorative art movement (Art Deco).

Admittedly, this is far from the evidence of John Galliano plagiarism. In addition to the general outline of clothing, no matter from the specific clothing proportion or embroidery details, it is not directly related to the original work. Or rather than calling John Galliano "salute" Paul Poiret, it is better to say that nearly half of the works in that series are inspired by the fashion style of the 20s decorative art movement.

For the two brands that compete with each other, the attitude towards a highly similar appearance is almost zero tolerance, such as the dispute between Christian Louboutin and YSL brand mentioned earlier.

But in another way, if "plagiarism" acts as an appeal for artistic creation, the situation is more subtle: Supreme's Logo font style has been completed from the collage artist Barbara Kruger's work, and the latter has never put the right movement into practice. Supreme has to be more fortunate than Zara.

Although it is a shame in the commercial context, the practice of plagiarism is actually a shame, but on the other hand, it is also a typical expression language derived from post-modern art, and gradually formed a school called "Appropriation Art".

Duchamp's work "L.H.O.O.Q." (1919)

In 1917, Duchamp bought a male urinal, signed his name and named it "Quan", and then put it in an exhibition of art at the time, marking the beginning of post-modern art successfully.

There is no doubt that the art criticism at that time retained a strict attitude towards the work, but it can not rewrite its unique position in the history of modern art.

Later, Duchamp took the two copy of Da Vinci's "Monalisa" to create a prank for Monalisa.

This way of using the purchased finished products or works created by others for artistic reprocessing has become a major school of post-modern art.

The history of art has finally acknowledged its existence as a form of contemporary art, but the rules of art history and general principles of commercial society can not be used.

Supreme, however, played the edge ball and flagrantly grabbed the elements of Barbara Kruger's work.

Mark Roscoe (Mark Rothko) abstract expressionist painting (left) and Raf Simons are the 2009 spring and summer men's wear (right) for Jil Sander brand.

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At the moment, social media is flourishing, and young people in the new age of social networking are finding a shortcut to fame from two similar creative modes.

Tumblr and Instagram are active in a large number of accounts that use Photoshop software to modify historical and cultural photos, fashion advertisements and magazines and newspapers.

Under the guidance of their wild ideas, "borrowed" material evolved into a piece of work that sometimes makes people laugh and is funny.

In addition, there are also some clothing brands that, after such a "two creations", have tampered with the first luxury luxury Logo and printed them on T-shirts for sale.

A recent case of brand Logo being misled is related to Burberry.

A rapper named in the name of Burberry Perry (apparently not real name) released a record in May.

On the album cover, he quoted the Burberry brand iconic pattern, and modified the latter's Knight shaped Logo. It even printed the same font as the Burberry brand Logo even on the phonograph record.

This series of actions annoyed the Burberry brand.

After giving the warning no effect, Burberry formally sued Burberry Perry in July, accusing him of infringing the naming right, trademark right and iconic pattern of the British brand.

The rapper admitted his mistake and quickly replaced the album cover after Burberry took the activist action.