Copycats are plentiful in the world of fashion. Further, imitation is often considered a form of flattery - one that I have never really appreciated. And through a little business education, I've come to realize why imitation, knock-offs and copies bother me. As a somewhat inventive individual, and art appreciator, I support the protection of creative intellect. I mean true creative innovation has throughout history been hugely undervalued (cue imagery of starved, delirious, bohemian art bum).
Fashion, being one of the few creative industries where business models permit the artist to benefit financially from their work while they're alive, I find it interesting to hear what people are saying about Christian Louboutin's recent lawsuits against his design thiefs.
Perhaps I'm overreacting. Creative copyrights in fashion are somewhat confusing. What differentiates a designer following a trend from one copying a design? I would say, trends are temporary styles of clothing shared among many designers at a certain time; whereas a brand's image and defining trademark is the everlasting impression they exude throughout all of there designs and trends across time.
In this case, Christian Louboutin's lawsuit against Gucci Group's subsidiary brand, Yves Saint Laurent, is targeting a particular pair of red suede shoes with matching red soles (spring 2011 collection). While some fashionistas raise the fact that this collection contains a variety of multi-coloured shoes with matching soles, that is besides the point. You see, Christian Louboutin is the red sole, which is why he has since 2008 trademarked this red sole (although he's had red soles since 1998). The issue is not a matter of YSL joining the thick platform and studded embellishment trends seen in Louboutin's collections, the issue is a matter of pure brand identity. The $1 million suit against YSL, is not the first and likely not the last case in this red sole situation, but instead a firm stance to be made an example of. I mean if great names like YSL don't play clean in the big leagues, what's to stop the Steve Maddens, Nine Wests and Aldos of the world from taking their trendy designs to the next level?
Not to mention, I don't think Yves Saint Laurent (RIP June 1, 2008), a hugely respected creative genius and pioneer for women's fashion, would support any sort of creative trademark infringement, be it unintentional or otherwise.