Photo: Asos.com
WWD came out with a great article last week on the prevalence of designer parodied trademarks on apparel that have become a huge trend as celebrities and fashion bloggers have embraced these re-created logos. The most popular may be the "Homiès" sweatshirts and t-shirts created by Brian Litchenberg and seen on the backs on Rihanna, Miley Cyrus, the Kardashians and Cara Delevingne.
But what are the legal ramifications? Find out after the jump and see more designer parodied
logos...
As WWD notes, "Central to the trend, however, are the legal issues of trademark protection — and what legal strategies designer brands should pursue to guard their logos while cultivating a potential constituency of style-savvy customers."
“I think this is a very current trend and issue. You have the convergence of constitutional law, free-speech issues, intellectual property law and a general overlay of business and commercial law. It’s a fascinating area,” said Douglas Hand, a partner at Hand Baldachin & Amburgey, a firm with a large fashion industry practice. “I think designer brands should be very vigilant to these issues. The main value of these companies is their intellectual property, specifically, their trademarks. Given that, to not diligently police and enforce trademarks in this industry is just not good business.”
However, it has also been well established that parodies of a trademark is a defense to a claim of trademark infringement since the audience will not mistaken the parodied work for the original and there is less likelihood of confusion. Although courts have also been less sympathetic when the parodied work is for commercial purposes instead of an exercise of First Amendment rights which are meant to serve a critical and artistic function. Considering these t-shirts are selling for around $60 a shirt the creators must be making a hefty profit but does it also serve a critical and artistic function?
Here are a few of the many parodied shirts on the market:
What do you think and which one is your favorite?
WWD (sub req'd): Designer Parodies Test Legal Boundaries in Streetwear
No comments:
Post a Comment