Who Decides The "Plagiarism" Dispute In The Fashion Industry?

The "plagiarism" dispute in the fashion industry has a long history. It seems that this is an industry driven by creativity. In fact, due to the globally unified fashion trend, fixed category and appearance restrictions and other conditions, the creativity of clothing is the most difficult to define. The market often sees the same style under different commercial brands. Most of my colleagues in the industry agree that these similar styles are "popular".

With the emergence of independent designers in China, the awareness of intellectual property rights has gradually increased in the fashion industry. In recent years, relevant "plagiarism" news has gradually entered the public's view. Recently, a "plagiarism" dispute in the circle has set off a fierce dispute among the public, and the two sides have been in court.

This is a regrettable event, because both parties have good reputation in the fashion circle: one party successfully transformed from a model to a designer, and his life experience is full of courage and innovation; The other is the leading group of women's wear in the industry, which has worked silently for decades to establish an excellent brand image in the industry. The tug of war over this incident has inevitably brought negative market impacts to both sides, which cannot be solved by law.

In fact, regardless of the trademark law and copyright law at home or abroad, the creative protection of clothing design is temporarily limited to such graphic elements as LOGO, printing, etc. The whole clothing has not been included in the scope of intellectual property protection, so it can be said that plagiarizing clothing designs that have not been granted design patents is not an illegal act. Therefore, whether there is really "plagiarism" can only be determined by the attitude of both parties, evidence collection and court decisions on the legal level.

What is worth pondering is why this event has not formed a positive public opinion on one side at the market level, and most of them are ambiguous? From the perspective of the brand, the support of the consumer market is their concern, and the lawsuit also hopes to make the law become their positive endorsement in the market.

Therefore, the real judge is actually a "consumer"! Even if there is no legal judgment, consumers have their own standards to determine whether the brand is "plagiarized.". Let's look at some events——

Consumer consensus

American Chaopai Off White recently filed a plagiarism lawsuit against accessories brand Rastaclat for a $18 bracelet named "Off Platc/oRastaclat". This bracelet is being sold by the brand and various retailers including Amazon in the name of "Off Plat" and/or "Off Platc/oRastaclat".

In this case, Off White believed that Rastaclat's products used its classic quotation marks and red label elements to try to confuse consumers and make them think they were buying Off White products. In fact, Off White did not apply for a patent trademark for the appeal element.

Where does Off White's confidence come from? They believe that in the 6-year development history of the brand, these two design elements have accumulated trademark assets through extensive marketing activities and the resulting consumer reputation and public opinion effect. Retailers, consumers and the public have become familiar with Off White products and brand trademarks, and have linked these design elements with Off White.

Although the lawsuit continues, fans of Off White, and even all people familiar with the brand, will agree that it is suspected of "copying" Off White when they see these two signs.

Consumer's specialty

Years ago, the post-90s assistant of the company angrily sent out a series of product pictures, saying how can they copy so naked? At first glance, it turned out to be a low-key and dedicated women's wear brand with leading performance in China, but almost every one of them in the picture has the figure of an international brand. The company has recommended this brand many times and hopes other customers can learn from them. However, these pictures have completely destroyed the judgment of the brand.

When the market reminds and studies the post-90s consumer market every day, have you ever realized that this group is also quite professional in brand cognition in addition to its independent lifestyle? They are well aware of the values, characteristics and popular brands of each popular brand, and can't tolerate any deception in their hearts, so they feel very low. In recent years, the women's wear brands involved are transforming into "younger" brands, and the cost performance ratio of the products has always been a good reputation. However, can such plagiarism turn a blind eye to the new major consumer groups?

Consumer Values

This event happened to me. Once customized high-heeled shoes in a well-known brand of customized shoes. The service of the brand can be said to be impeccable. The comfortable environment, clear process, rich choices of leather samples and styles, fine to 1/4 size, all enjoy the real VIP service, and also love the final shoe scheme.

However, at the moment of confirming the order, the customization consultant suddenly said: Do you want to change the soles to red? At that time, I was very serious and said to her: No, I don't want people to misunderstand that I'm wearing Christian Louboutin. Although I understood the other party's "good intentions" in my heart, my impression of the brand was reduced at once.

So, what is the consumer's ruling standard for "plagiarism"? It is a brand specific identity: logo, pattern, style, values. When the identity of a brand has distinctive characteristics and is recognized by fans and even the public, it will be maintained by the market, regardless of legal endorsement.

For example, Little CK has not been popular among young people in recent years, and its shops are often as lively as the free market. Consumer groups have a very clear understanding of the brand: Little CK, the twin sister of the big brand of the universe falling in the folk trend, looks like a big brand at first glance, but has its own unique highlights, and the key price is still very good. Little CK has always used the design elements of international brands for reference, but the final product must appear in the market with its own brand image, and get a good reputation for its high cost performance.

Without a clear brand identity, even if the brand has a certain market reputation, consumers cannot express their position to support it at a critical moment. If we want to become an "international brand", consumers have more stringent requirements on brand identity. The sudden transformation of CELINE was complained about by global fans, which is a classic case.

The latest market research data shows that the global market has entered a unified era. China's consumer market is no longer later than that of the West. China's major consumer groups have become more global in their vision and more professional in their understanding of brands and products. This is a good thing. In the era of homogenization of market products, to break through, brands must actively explore and focus on their own brand identity construction, and products are the results of demonstrating brand value. Products change every season, but brand value is eternal.

The competition of clothing brands is not a short-term competition, but a long-term competition! The key to competition is "brand power". In order to achieve this common goal, Phoebe Xuehui and Jiaotong University Overseas College have made strategic cooperation and specially customized a series of brand strategy courses with "brand value" as the core for Chinese fashion industry to exchange and learn together. I hope that in China, we will no longer see the entanglement of "plagiarism" of products, but the independent, innovative and personalized Chinese clothing brands standing on the global market!