Plagiarism in Fashion
Plagiarism in Fashion
By: Sophie Smith
Monumental commentary on the trickle effect of fashion comes from the film The Devil Wears Prada. Known as the “Cerulean Sweater Monologue,” Meryl Streep’s character elaborates on how the color cerulean first appeared in a collection of gowns from Oscar de la Renta, then Yves Saint Laurent showed cerulean blue military jackets, and eventually the color was displayed in department store collections. In the fashion industry, it is apparent that new ideas are first seen on couture runways and then replicated by chain clothing stores.
Plagiarism is most commonly used in reference to written material belonging to someone other than the source portraying work as their own, but the term umbrellas over all creative property. In an academic setting, plagiarism results in a zero for an assignment or in extreme cases, expulsion, so how do department stores legally get away with ripping off couture houses?
Fashion is not sufficiently protected under American copyright law like other artistic categories such as music, literature, and art. Therefore, clothing designs can be mimicked without any say-so from their original designers. One way brands can protect their designs is by a kind of trademark called a trade dress. A trade dress can be placed on a design deemed undeniably recognized by the public as belonging to a specific brand. The trade dress route is a long and expensive process. An example of a trade dress design is the silhouette of the Birkin bag from Hermès.
Design recreations are widely known as dupes. To the eye, dupes resemble high-end fashion items and come at a less expensive cost, but they do not contain the original brand’s logo. The cost-effectiveness of dupes is not a bad thing, but the way chain stores copy high fashion designs is notable.
A popular dupe circulating the internet is a knock-off version of the Bottega Veneta “Jodie” bag. Retailers like Anthropologie and Amazon carry replicas of this purse, and there is hardly any differentiation between the designs besides the quality.
From left to right: Botega “Jodie,” Amazon, and Anthropologie bags.
One brand notorious for dupes is Zara. Current examples of Zara dupes include mesh sandals that mirror The Row’s design from their summer 2024 collection and Givenchy’s Shark Lock boots launched in 2012.
From left to right: The Row Mesh Fishnet Flats and Zara flats
From left to right: Givenchy Shark Lock Boots and Zara boots
Replication in fashion has been going on since the beginning of the industry, so many theorize there are no original ideas, only inspiration from previous ideas. Owning a dupe does not diminish the fashionable aspect of an item; it is just important to apply the tenets of the “Cerulean Sweater Monologue” to trending pieces in the fashion industry.
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