Fashion Courts... Latest Trend

Yes! another article about fashion lawsuits, and there are plenty of similar stories in the fashion world, I believe that All designers, established or emerging deserve the right to design protection and only the creator of an original design should profit from that design.

Monica Botkier Sues Sears Over Kardashian ‘Knockoff’ Bag . Are the Kardashians headed to kourt?

Designer Monica Botkier has filed a cease and desist against Sears, whose just-released Kardashian Kollection line includes a handbag that she alleges is a copy of her Clyde bag, Women's Wear Daily reports.Though the Kardashian version, which is no longer available on the Sears Web site, boasts leopard print, both it and the Clyde have slanted front pockets, drawstring sides, and a similar frame.The discovery of the lookalike bag comes just as Botkier has signed on to participate in the CFDA/eBay You Can't Fake Fashion project targeting design piracy.

Left Boktier, Right Kardashian

"Ironically we just discovered below how our Botkier ‘Clyde’ was simply copied by Kardashian Kollection for Sears," Botkier writes in an August 10 blog post titled "K is for Knockoff." "They say imitation is the highest form of flattery but we don’t think so …"Clearly not. Though Botkier admits that Kim, Kourtney, and Khloe Kardashian may not be aware of the alleged copycat, she's nonetheless fighting to protect her design.

“In a case like this, it’s upsetting because it’s a trademarked shape for us, and people recognize it by sight," she tells WWD. "It’s a lot more complicated because it’s hard for independent designers to do anything against mass retailers or megabrands. It really calls attention to what Steven Kolb and the CFDA are really working towards—its not necessarily about sticking on a fake label, you are actually taking someone’s design idea. This definitely hurts people in the industry and it makes it more difficult that you can’t protect it by law. The CFDA is working on trying to change these laws and make designs more protected.”

Meanwhile, the Sears line may also have inspired another fashion lawsuit.

Design piracy is unfair to designers and is detrimental to competition within the fashion industry. It effectively allows others to plagiarize the original designer’s creative ideas and reap the benefits of the creator’s labor and assumption of risk.” – CFDA website