Trelise Cooper kids rips off Emily Temple Cute Lulu
AttorneyScott Commentary:
In the United States, unlike most developed nations, the cut or silhouette of a piece of clothing is not subject to copyright protection because the powers that be feel that clothing is 'utilitarian' and thus cannot be art. Many would disagree, I imagine.
The design printed on the fabric of a garment is, however, subject to protection as a two-dimensional work of art. If someone copies the fabric design of another without permission, that someone will be liable for copyright infringement. Is that the case below?
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Dear YTWWN:
You'd think after Grey-Bow-Sweater-Gate Trelise Cooper would be done with plagiarism. Especially of Japanese brands, as Alannah Hill got picked up for ripping off Emily Temple Cute around the same time. Yes, ladies, other people who like fashion have heard of Japanese lolita brands as well.
But I saw this Trelise Cooper kids' dress on Ebay and thought it looked strangely familiar:
Lo and behold, a quick squizz at Yahoo Japan confirmed my suspicions:
This is an earlier release from Emily Temple Cute 'Lulu'. The print has been uglified slightly, but it's still 100% a rip off.
July 5th, 2012 - 20:03
Similar fabric? Sure. Same design? No. Absolutely not.
July 6th, 2012 - 09:00
Jessa: that was the point of the post… In this case it’s the print that’s being ripped off. and quite clearly. there are just too many details that match up, like the clothes on the bunnies.
July 13th, 2012 - 03:28
I have to go with this not being a rip off, unless, the designer in the first photo had the fabric specifically made for them. When it comes to fabrics, which is the basics of any garment, then you are going to have similarities. What makes it different is how you use it and what you add to it. It’s like saying an artist ripped you off because you used the same paint.
July 13th, 2012 - 03:32
I should say 2nd photo, not first. But, my point still stands; if they didn’t have the fabric specially made then it’s not a rip off.
July 14th, 2012 - 12:26
The problem is that most Japanese (lolita) brands have their fabric printed in China or even if they don’t, sometimes Chinese factories will get their hands on an original design of the fabric and be able to pretty much flawlessly recreate it. Then they sell the recreated fabric (which is usually duller in color and made of a cheaper material) to anywhere they want, which is what I assume happened here since the dress design wasn’t ripped off as well.
Even in the lolita fashion world, a lot of replicas are made this way and overseas lolitas buy them, so I have no doubts it extends as far as other overseas fashion designers carrying the same fabric, knowingly or not.
August 9th, 2012 - 23:16
How do you know that the person you are claiming this was ripped off of actually drew that bunny? have you contacted them?
Artist’s get inspiration from other artist’s all the time. and with this, I strongly suspect that that is STOCK fabric used and bought, by what other people are saying.
August 14th, 2012 - 21:10
Total rip off of the bunny with the apron sitting. I hate people who copy others works. Grrrrr
September 20th, 2012 - 08:09
Same idea, different work.
Perfectly ok.
You CAN’T own an idea.
December 8th, 2012 - 17:01
Bunny on the left is the one that gives it away. At first glance I was like, no..not thaaat similar, second glance: Omg. Bunny on the left.