Diane Von Furstenberg Sues Target For Copyright Infringement
Wrap-dress designer extraordinaire Diane Von Furstenberg has sued Target, claiming the retailer is selling dresses with a print that is nearly identical to its "spotted frog design."
We'd love to write the rest of this post, but we're going to Target now. Bye.
"Defendants' infringing dresses are 'wrap' dresses made of materials designed to look like silk jersey, a style consumers and the general public have come to associate with DVF," the complaint said.Target stopped selling the dresses on its Web site on January 23 after the designer sent it a notice about it, according to the complaint, but the dresses are still available in Target stores.
Designer Von Furstenberg sues Target over dress [a wire service]
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Comments:
Isn't it understood that designers' trends and styles get interpreted from the runway down to regular people? Who thought trapeze dresses were fashionable? A host of designers, that's who! So suddenly every clothing store is selling trapeze and babydoll dresses, and these designers are supposed to be able to say "hey, that's my pattern, my cut, that's what I put on the runway three months ago, how dare you replicate it for cheaper and put your own name on it!"
Seriously, I think DVF is a little overboard with this. Check out every single issue of any women's fashion magazine...they're all filled with ways of replicating a high-end style for much less, and a lot of the replication has to do with the pattern.
Interestingly it is not a new issue - the fashion industry remains mainly unprotected from copyright theft and ironically it is one of the most profitable industries which deals in ideas.
There are some thoughts about why this is - [papers.ssrn.com]
@MEG MARCO: Don't forget to save your receipt.
@RandoX: She's pretty famous and has been for a loooong time.
@Curiosity: Just what we need - more industries being added to the "big copyright" beggar's list.
Crappy business model? Just convince Congress to extend copyright protection to your product, and sue away!!!
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The complaint isn't showing up in the District Court's PACER database, so I can't comment on the merits. Generally speaking, though, protection for fashion designs is pretty slim.
DvF's going to need even better luck than you think, and not because changing it a bit negates copyright - it doesn't negate copyright.
She's going to need the law to somehow automatically retroactively be changed so that fashion designs are copyrightable in the first place. They largely aren't, and Congress won't pass bills that would make them copyrightable. Even the biggest telecom companies in America are having a hard time getting the law changed retroactively, so I'm going to guess she's out of luck.
Maybe she should just be content suing her lawyers for giving her bad advice.
As I understand it, she won the Forever 21 claim on the basis of pattern, because pattern is sufficiently analogous to art, and so it's copyright-able. I don't think she'll be able to sue on the basis of the design. But where Target may have slipped up in knocking her off was in too closely recreating the pattern.
As far as being famous, DVF really is one of the iconic fashion designers of the last forty or so years. I'd go so far as to say that the only reason you (if you do) know about wrap dresses is because of DVF. So, invented it literally? Perhaps not. But practically speaking...yeah, sort of.
@Tikabelle:
Um, DVF was the first to come up with that design. It was a huge deal at the time and it is what made her career.
@UpsetPanda: Would you introduce me to these ladies? If they can pull that off, I'd love to....never mind.
DVF is the president of the CFDA (Council of Fashion Designers of America). The CFDA has been trying to get congress to pass laws protecting the design (sewing pattern) of a garment. (Currently, only France does so.) Prints are already protected by copyright. I assume this is an example she can wave in the face of her lobbyists more than anything else. As for attorneys' fees, she's married to Barry Diller, so money isn't exactly tight.
I can see the ramifications of this lawsuit:
Fruit of The Loom CEO: Hey! This Hanes shirt looks like ours?
Fruit of The Loom Lawyer: Let's sue the pants off of them!
Fruit of The Loom CEO: Good Idea!
What a joke. "Nearly identical"? This sounds and looks like another frivilous lawsuit. The smells of this and Bullshit are remarkably similar...

















How does that thing resemble a spotted frog?