Usually, luxury goods companies are the victims of knockoffs and infringements – an expensive fashions item is copied by a cheap imitator. However, an interesting twist has come up in a recent copyright suit against Kering’s Balenciaga. A souvenir company selling cheap souvenirs claims copying by the fashion company, at prices 100 times the original!
The takeaway is that high-end companies should not assume that they are immune from getting into trouble by copying others’ designs. While new designs are the lifeblood of fashion, counsel’s due diligence before they are introduced can avoid major legal headaches. And, once a charge of copying is made, ignoring it would only make matters worse. These are lessons that Balenciaga may now learn the hard way.