After four years, the design infringement case of fast-fashion brand Zara and Danish clothing brand Rains finally failed with Zara. Zara's "bringing" approach has been criticized in the industry. It has repeatedly been caught in the plagiarism but has not been taught. Does this brand consumer like it?
It is reported that the design infringement case of Zara and Rains started with the design of the outline of a waterproof jacket. Rains said that Zara's two Parka Coat and Long Jacket waterproof jackets are very similar in appearance to their Parker coats. Although they have tried to resolve disputes with each other, Zara's parent company Inditex refused to meet with lawyers. Finally, in 2016, Rains filed a lawsuit with the Danish Court Authority.
After winning the lawsuit, Rains applied for injunctive relief while claiming compensation, demanding a permanent ban on Zara from selling the allegedly infringing jacket. Rains co-founder said that the industry has been looking forward to the outcome of this lawsuit, and global giants cannot infringe design rights without restriction.
In fact, this is not the first time Zara has lost its case in an infringement case. As early as 2015, the Italian fashion group OTB (Only The Brave) group sued Zara for plagiarizing the jeans and sandals of the group's brands Diesel and Marni. Although Zara insisted that jeans products lacked originality and there were obvious differences between sandal products, the court finally declared Zara infringement, demanding immediate recall of infringing products, stopping sales, and paying USD 235 in compensation for each product. In addition, Zara has repeatedly been plagiarized elements of luxury fashion brands and artist works.
It is reported that every year, Zara has a team of hundreds of people shuttle between fashion week and show, which is convenient to get the latest design trends. Cheng Weixiong, an expert in textile and apparel brand management and the general manager of Shanghai Liangqi Brand Management Co., Ltd., said in an interview with a reporter from China Business Daily that Zara is positioned fast and fashionable, and the brand is new and fast. Through "bringism", it can quickly feed back fashion trends Product.
At the same time, the apparel industry expert Ma Gang told reporters that Zara can get a larger input-output ratio through plagiarism. Even if it is judged as infringement, Zara needs to pay much less than the profit from the product.
Of course, apart from fast fashion brands, there are also a few domestic clothing brands suspected of product plagiarism. In 2018, the design of many children's schoolbags of the sports brand Anta was suspected of plagiarism; last year, "Shoe King" Belle was sued by the French luxury brand Louis Vuitton for plagiarism; the black whale tide brand of the men's brand Hailan House Tide brand ROARINGWILD was also publicly accused of plagiarism.
Cheng Weixiong told reporters that plagiarism seems to have become a common phenomenon in the apparel industry. Cheng Weixiong admitted that at present, there is a practical problem in the plagiarism of the apparel industry that it is difficult to provide evidence and pay little compensation. Due to the rapid changes in fashion trends in the apparel industry, product design involves many elements such as fabrics, styles, colors, etc., the time to apply for a patent is much longer than the popular time of a product, and clothing brands tend to focus on creating popular "explosions". Ignore patents.
Ma Gang believes that the frequent occurrence of plagiarism in the apparel industry is essentially that the brand does not pay enough attention to intellectual property and ignores the importance of product development. Coupled with the low unit price of clothing products, consumers often do not care about the patent situation of clothing design.
Men Sunglasses,Best Stylish Sunglasses,Mens Fashion Sunglasses,Stylish Sunglasses For Men
WENZHOU BOCHENG EYEWEAR CO.,LTD , https://www.bocheyewear.com