The copying of designs is a serious issue for the fashion industry as the turnaround time for copycat products gets shorter and shorter. As we all know, copying can result in substantial losses for a brand that falls victim to it.
But, what if you receive a “cease and desist” letter accusing you of “copying” another designer’s work and you are, in fact, innocent? With the threat of imminent legal action and a huge damages claim for infringement of copyright, what steps can you take? Do you have to hand over all your stock meekly and prepare for your bank account to be emptied?
The answer is no. If you can show that you had an independent inspiration for your design, then any claim for infringement of copyright will be defeated, as the “copying” element cannot be established at law. A clear paper trail, which charts the evolution of your design from inception to its final form, will assist in overcoming any claim for infringement. Forward thinking and good record keeping are essential for protection.
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