The devil works hard but Fashion Nova works waaay harder. 😩😭
Less than 24 hours after Kim Kardashian stepped out in this daring vintage Thierry Mugler cut-out dress, fast fashion brand, Fashion Nova have already created their own version, hired a model, done a photo shoot and put it up for sale.
The dress (the original one worn by Kim K) was first showcased on the runway in 1997 as part of Mugler’s Couture Spring/Summer ’98 collection.
Fashion Nova’s version which, as at the time of writing this post, is already sold out on their website goes for the sum of 49.99 dollars. CAN YOU BELIEVE THAT? (For context, an average “simple” couture gown goes for as high as 60,000 dollars or more.)
It wouldn’t be the first time Fashion Nova would be blatantly copying a design from the Kardashians. They famously copied all the outfits Kylie wore on her 21st birthday and even the pink dress Kim wore to the birthday party. Just a few days ago, Kim took to Instagram to throw a not so-subtle lighthearted jibe at them for knocking off everything she wears.
Now if like me you’ve wondered why fast fashion brands like Fashion Nova get away with blatantly copying people’s designs, here’s what I found out.
Apparently in the United States, there is no copyright protection for fashion design unlike music and literature because the fashion industry is deemed by the law as a “manufacturing industry rather than a creative one.”
The reasoning is that clothes, bags etc are “inherently useful” like food and water, so they should be readily available and accessible.
The only way a brand can sue another for knocking off their design is if the copy has elements of a trademarked logo, prints or name.
Another way one might be able to take legal actions is if the design is so recognizable that everyone associates it with the brand AND you have registered it as a trade dress – Hermès did this with their Birkin. But even this doesn’t guarantee that you’ll win in court.