Generally speaking, ideas are not protectable by copyright law. They are as “free as the air” as one Judge put it, poetically. While you may not be able to protect an idea, you certainly can protect your expression of that idea once it is fixed in a tangible medium. (Or, in non-lawyer, once you make the darn thing.)
Forever 21 is no stranger to our readers. They have been accused of infringement and misappropriation again and again and again. Today, it returns in a case that deals with some upsetting undergarments. Was Faux-rever 21 inspired by the original undies, or did they just get their straight-up copy on?
See below for the nitty gritty.
-AttorneyScott ([email protected])
Below is a comparison of an original design by artist Knickerocker (bonus points for the sweet name) and a close knock-off by Forever 21. Would anyone believe that Forever 21 created its version without copying from the Knick?