A FASHION NO NO
By S.Williams @shelzcreates
Fast fashion has long been a problem within the fashion industry. One of the most notable problems being that it is the worlds most wasteful and another is its the most unoriginal. Built around the idea that trendy fashion should be available to consumers at affordable price points, the role of fast fashion is essentially to bring trends from the runway to the masses. However, in doing so, it appears these brands have little or no consideration for the environment or the brands they continue to rip off in order to fulfil this role.
Kim Kardashian pictured left.
High fashion designers copy other high fashion designers all the time with little or no consequences or impact on their brands, (check out Instagram page @diet_prada dedicated to exposing copycats within the industry). However, for up and coming independent brands, having their designs copied by fast fashion retailers can be detrimental to the building of their business.
Fast fashion brands such as Zara and H&M have been ripping off independent brands for years due to the lack of copyright laws for fashion design in America, and the U.K. isn’t much better. Back in 2016 independent designer and illustrator Tuesday Bassen took to Twitter and Instagram to call out Zara for ripping off her designs. After seeing one of the ripped off designs in person she took action and with the help of a lawyer and contacted Zara. They basically responded by telling Bassen that she didn’t have any case against them as her designs were not distinctive enough. They stated ‘…the lack of distinctiveness of your clients purported designs makes it very hard to see how a significant part of the population anywhere in the world would associate the designs with Tuesday Bassen’. Having paid legal fees in the sum of $2000 this was an inconsiderate, dismissive and very disappointing response from Zara.
Another fast fashion brand that regularly gets called out for ripping off independent designers is Fashion Nova. Fashion Nova was the most googled brand in 2018 and it would not be far from the truth to say that the brands success is not due to their originality, more a lack thereof. Back in January Kim Kardashian West took to Social media to criticise fast fashion brands, in particular Fashion Nova after identical copies of designs she wore, (one of which was a vintage Thierry Muglar extreme cut out dress), went up for sale on their site less than 24 hours later for $50. Suspicions were raised just as quickly given the short space of time between Kim wearing the dress and the knock off becoming available on their site. Kim was accused of leaking the look to Fashion Nova before wearing it. She took to Twitter to defend herself against the accusations refuting the claims and making clear her respect for fashion designers.
Kylie Jenner & Fashionnova model picture right.
Keeping it in the family Fashion Nova also recreated looks worn by Kylie Jenner on her 21st birthday that went up for sale the next day. More recently they were called out again for ripping off another independent designer Kim Shui, after Kylie posted pics to her Instagram wearing two of her dresses. Shui’s original pieces are on sale for $260 and $296 and exact copies of her designs are now for sale on the Fashion Nova website, one at $40 and the other is in fact sold out! It was brought to her attention when several people DM’d her on Instagram. Shui said in a statement to Fashionista ‘ I understand that pieces can be inspired – I felt that they could have at least changed the colour or gloves somehow, but when the dress is an exact copy, it has an impact on an independent business like ours’. Shui
has reached out and contacted Fashion Nova twice since this was brought to her attention, she’s yet to receive a response.
It’s not just independent designers in America that are having to deal with the ruthless ripping off from Fashion Nova. Here in the UK, independent designer Luci Wilden of Knots and Vibes came across a replica of one of her designs by coincidence. She found not only a replica of her design for sale on the fast fashion brand website at a fraction of the price, but they also shamelessly used the exact same name. Of course like all the other Fashion Nova victims Luci reluctantly took to social media to speak out. She also contacted Fashion Nova directly who tried to distance themselves from the allegation suggesting it was one of their many worldwide vendors who ripped off her design and not them directly. Really Fashion Nova?! Again the issue for Wildren was not just ripping off of her design or using he exact same name, but also the selling of it at a fraction of the price which undermines the designers hard work. Fashionnova model pictured right.
The law has declined to extend many of the protections available to other forms of art to fashion. It is the belief of those who have the power to make such changes, that the industry benefits from this kind of competition. A 2017 Supreme Court ruling in the case of Star Athletica v Varsity Brands stated that copyright affords ‘no right to prohibit any person from manufacturing clothing of identical shape, cut and dimensions’. Unfortunately it therefore continues to be the case that there isn’t much any of these designers can do.
As an independent fashion designer myself this is very disappointing to note. Whilst I believe I’m here to, (and very happy to) inspire others, it would upset me greatly to have my work ripped off in this way. Being someone who takes pride in being different and also values authenticity I find it hard to accept that there are fast fashion brands purposely copying, ripping off and selling other people’s designs. Can these merciless and shameless fast fashion brands like Zara and Fashion Nova that lack integrity honestly claim the success they’ve achieved when it’s been at the expense of many other designers’ hard work?
