CDFA Smackdown: Trovata Vs. Forever 21
Any fully conscious person knows that Forever 21 is the knock-off capital of the world. Consumers toss a few dollars for poor-quality clothing that just so happens to look, from far away, like designer pieces. Although the repro-depot has gotten into its fair share of copyright infringements tiffs, a recent battle with Trovata could be the lawsuit needed to finally pass the CDFA’s Design Piracy and Prohibition Act.
Take a look at the image above. While there are obvious differences in quality and color, the naked eye registers that these pieces are basically the same. Come May, a jury will decide if Forever 21 (top row) is guilty of copyright infringement of Trovata’s (bottom row) button placements, fabric patterns, decorative stitching and other details. Should the Design Piracy and Prohibition Act pass, designers can expect a decrease in competition and consumers can start singing the blues, as they will be unable to buy penny saving knock-off items.
With Coldplay’s “Viva la Vida” lawsuit barely in hindsight, it will be interesting to see what the CDFA deems as “original” in the fashion world. Designers borrow inspiration on a daily basis…does this make them criminals? Are designers only at fault if they borrow too much? Who determines what is borrowed and what is original? While the outcome of this lawsuit could potentially make the fashion industry more unique, with it will come more rules and thusly, more restrictions on fashion. Dun dun dun.
Thanks NY Mag!
