Name: Why this Gucci knockoff is totally legal
Uploaded: 2021-04-26T07:28:59.000Z
Duration: 5 min 38 s
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In February 2015 Gucci unveiled this very furry shoe.

I can't afford to spend $1000, but no problem!

And it's a constant fight in the fashion industry.

“I like those Balenciaga's, the ones that look...”

“That blue represents millions of dollars and countless jobs…”

“Knockoffs” mostly are not counterfeits.

People tend to conflate them but they're not the same.

It copies the symbols of the brand that made the original.

Knockoffs, on the other hand, just resemble the design of the original.

That's because intellectual property laws only protect some kinds of designs.

A trademark is any symbol that indicates to consumers the source of products or services.

This medallion on the front, which is the Tory Burch logo, tells you where the flat

They don't work for most fashion designers because you can't get damages until it's

granted and by the time it's granted most fashions are out of fashion.

That is the right exclusively to copy or to distribute an artistic or literary work that

“You're wearing a sweater that was selected for you by the people in this room.”

The shape of this shoe is not copyrightable.

Fashion designs are typically thought of as useful articles.

It only protects artistic or literary things.

Unlike a song or a movie, a shoe or a T-shirt has utility as much as design.

This might seem at a certain level to be kind of bizarre.

But there is nonetheless a useful aspect to the garment.

I can certainly have a copyright on the fabric design.

I can't have a copyright on the shape of the dress.

The Subcommittee on Intellectual Property, Competition, and the Internet will come to

The truth, the whole truth, and nothing but the truth so help you God.

Fashion design is intellectual property that deserves protection.

But you're very impressive in your testimony.

They say, well, we're artists and we deserve protection.

The answer to that argument is at least in the States we don't tend to make decisions

about intellectual property based on what people deserve.

We tend to make decisions based on what we think is healthy for creativity.

The Constitution does give Congress the right to stop copying, but only to “promote the

When you look at countries across the world, you'll see that there's a correlation

between the strength of intellectual property laws and higher GDP.

But in fashion, Sprigman believes that it's actually the ability to copy that promotes

Fashion designers take "inspiration," as they put it, from existing designs and they do this

But this is what creates trends, and trends sell fashion.

When the copying proceeds to a certain point, fashion forward people have had enough.

They jump on to the new trend that copying has helped to set.

This rapid cycle, created by the freedom to copy, actually forces the fashion industry

If you look at the prices of fashion goods over time, what you see is that that top ten percent

of fashion goods in terms of price, the price of these is going up and up and up over time.

Whereas everything else, those prices are staying stable or maybe falling a little bit

It doesn't seem like competition from knockoffs is disciplining the price of the luxury stuff.

What seems to be happening in the fashion industry is what's happening in America and

The rich are getting richer disproportionately, and the clothes they wear as a result are

The people who make those clothes, the companies that make those clothes, are profiting.

New technology and the speed of production has amplified the two views on knockoffs.

Today, digital images from runway shows in New York can be uploaded to the Internet within

minutes, and be copied, and offered for sale online within days, which is months before

the designer is able to deliver the original garments to stores.

That practice was not handed to us by God or by law.

If the industry at the high end was very concerned about the speed of imitation, that practice

So it's hard to protect fashion designs because it's not obvious that protecting

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Why this Gucci knockoff is totally legal

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