Knocking Off Fashion Is Legal!

Filed Under: Fashion Smashion Legal Matters Kim Kardashian

So this is how Hot Topic gets away with shiz like this!

Counterfeit experts and law professors Kal Raustiala and Chris Sprigman have revealed why it's so easy for fashion copycats to get away with such things: because it's legal!

At least in the United States.

The knock off gurus explain:

American law does not protect most fashion designs. Copyright law views fashion designs not primarily as artistic works, but rather as “useful articles,” and useful things are not granted copyright protection. This rule reflects the fact that useful things are supposed to be the domain of patent law. But clothing designs virtually never qualify for patent protection, because they are almost never “novel” – i.e., truly new – in the way patent law requires.

They do point out that while labels are fully protected by trademark law, the actual design and what not isn't.

So in a way, and we hate to admit this, Kim Kardashian was kinda sorta right about her Fendi knock offs.

And while this may be a low blow to designers like Jeremy Scott and Iskren Lozanov, Raustiala and Sprigman believe this type of thing is good for the fashion industry. Says the duo:

Copying helps to create trends. It then helps to destroy them: as more and more designers hop on to a trend, the look becomes overdone, and the most fashion-forward consumers hop off. Copying, in other words, accelerates the fashion cycle.

We're sure those designers bank account could argue that point, but it makes sense if you really think about it.

What do U think? Are copycats good or bad???

[Image via AP Images & WENN.]

Tags: chris sprigman, copycat, copyright infringement, hot topic, iskren lozanov, jeremy scott, kal raustiala, knock offs, trademark