Adventures in Copyright: Forever 21 Digs Deeper

Apr 10, 2008 @ 11:01am

marniripoff.jpgIs no one safe?


We expect Forever 21 to rip off guys and gals like Marc, Diane and Christian - but Marni?!

The Italian label's black balloon bag will forever remind us of Spring '08 fashion week, when we saw the coolest European editors toting it all over Manhattan. It's the go-to label for hip girls who want an awesome bag that refrains from logos and the label "It".

But now even Marni has trickled down about as low as a design can go - until Canal Street of course.

Forever 21's version looks like it's made out of a garbage bag and Marni's leather looks baby soft, even online.

That must be why it costs a million times more. That, and it's an original design.

We'll just keeping dreaming about this tinsel bag instead.

(2) recommend this link to (17) Comments
writer Britt Aboutaleb
posted in Adventures in Copyrights tags Christian Louboutin, Diane von Furstenberg, Forever 21, Marc Jacobs, Marni

Comments

posted by bLair m

Apr 10, 2008 11:28AM

i dont really care for either of them..
the tinsel bag however is fantastic!

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posted by guest

Apr 10, 2008 11:30AM

Does this ever work the other way around? What if designers "copied" from Forever 21?.. Would you guys have your arms flailing in the air like you do when do their own version of what's trendy? And doesn't this all go back to being a conscious shopper.. buying what you feel is worth the $$ and then spending the rest on things that might be trendy or 'disposable'?

posted by britt

Apr 10, 2008 11:58AM

are you kidding? i would LOVE to catch them in the act but considering most mass market clothes are diluted versions of what's on the runway - i doubt it happens often. that and i don't think diane shops at forever 21. but if you see it - send it in!

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posted by Angela

Apr 10, 2008 12:32PM

I'm a huge fan of Marni and own 3 nondescript bags myself but seriously, don't understand the appeal of the balloon bag. The originals looks like oversized garbage bags as well.

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posted by guest

Apr 10, 2008 12:54PM

Wasn't the original version of the Marni bag patent as well? Looked quite a lot like the Forever21 version, actually.

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posted by guest

Apr 10, 2008 1:03PM

I think both look like trash bags.

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posted by splendini

Apr 10, 2008 1:33PM

F21 looks like junk. Even the expensive one, I don't like it at all. A bag without shoulder strap never works for me. I need two free hands.

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posted by guest

Apr 10, 2008 2:22PM

A lot of these copyright infringement things you guys post are for really common designs. Can a basic black bag like this even count?

posted by lentil

Apr 10, 2008 3:03PM

Yeah, the first ballon bags from Marni were patent and glossy. Splendi, they also have an optional shoulder strap.

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posted by guest

Apr 10, 2008 3:52PM

the original looks way more like a trash bag to me.

posted by greygreygrey

Apr 10, 2008 5:08PM

This post is spreading it a bit thick. We all know Forever 21 knocks off designer clothing cheaply, that's why people shop there. I think we can safely say that everyone would prefer the real thing, but do you really need to begrudge some girl who can't afford designer, the opportunity to buy something that looks fashion-y at a low price? Or should we all boycott H & M because they basically knocked of Chloe's entire line a few seasons ago?

Newsflash: real, probably underpaid designers work for places that supply Forever 21 with goods; designers who probably happen to read fashion magazines, and have heard of Marni.

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posted by guest

Apr 10, 2008 6:30PM

I saw another imitation of the Marni bag at a street vendor at Fifth Ave. and 19th St. It looked slightly better than the Forever 21 version. Not quite Canal Street but proof that there are other copies of this bag out there.

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posted by guest

Apr 10, 2008 9:24PM

Is the Marni design really an original design? I'm sure they were "inspired" by a bag designed in the 1960's that was in turn "inspired" by a bag from the 1940's that was in turn "inspired" by a Victorian shape. Should Forever 21 be condemned for interpreting a design that was interpreted to begin with? The Forever 21 design looks far more modern in shape than the Marni bag, which strangely resembles the carpet bag that Mary Poppins carried.

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posted by guest

Apr 11, 2008 6:57PM

Regarding your post questioning if common designs qualify for copyright protection and therefore are able to be infringed upon.... it depends.

To establish that copyright infringement occurred, the plaintiff - in this case Marni - would have to prove that (1)they owned a valid copyright and (2) that F21 copied portions of the copyrighted work that were original.

If Marni DOES own a copyright for the bag, that copyright certificate creates REBUTABLE prima facie (self proving) evidence of the work's (the purse's) copyrightability (yes, that's a word).

Copyrightability depends on a number of elements, but a primary element is originality. Originality refers to originality in the creator and does not require anything more than minimal creativity. One case says that any amount of creativity will suffice, “no matter how crude, humble or obvious it might be." (Feist)

So... if Marni really sued F21, I'm sure F21 would say that they don't have a valid copyright, for exactly the reason you were saying, that it has all been done before. But, Marni would likely show some element of its bag that makes it distinguishable from the 60's bag.

Even if the court found that infringement occured, F21 could claim that their use was protected by the fair use doctrine - which could be construed to touch on the points that you have talked about, like allowing people of all incomes the access to the art.

Over all, the copyright act is meant to protect unauthorized use of original, copyrighted works WITHOUT stifling others who wish to create similar works without direct copying.

The outcome of these cases, and the determination if the work is sufficiently original to garner copyright protection, depends on the judge.

...and yeah. I say boycott f21. Their disregard for the time, money, technological investment and talent that goes into these original designs makes them deplorable, and supporting that kind of behavior financially is not something I'm willing to do.

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posted by guest

Apr 12, 2008 11:00AM

i love fashion laywers!! go grand and franklin!

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posted by ElleWoodsHerself

Apr 12, 2008 6:23PM

Regarding your post questioning if common designs qualify for copyright protection and therefore are able to be infringed upon.... it depends.

To establish that copyright infringement occurred, the plaintiff - in this case Marni - would have to prove that (1)they owned a valid copyright and (2) that F21 copied portions of the copyrighted work that were original.

If Marni DOES own a copyright for the bag, that copyright certificate creates REBUTABLE prima facie (self proving) evidence of the work's (the purse's) copyrightability (yes, that's a word).

Copyrightability depends on a number of elements, but a primary element is originality. Originality refers to originality in the creator and does not require anything more than minimal creativity. One case says that any amount of creativity will suffice, “no matter how crude, humble or obvious it might be." (Feist)

So... if Marni really sued F21, I'm sure F21 would say that they don't have a valid copyright, for exactly the reason you were saying, that it has all been done before. But, Marni would likely show some element of its bag that makes it distinguishable from the 60's bag.

Even if the court found that infringement occured, F21 could claim that their use was protected by the fair use doctrine - which could be construed to touch on the points that you have talked about, like allowing people of all incomes the access to the art.

Over all, the copyright act is meant to protect unauthorized use of original, copyrighted works WITHOUT stifling others who wish to create similar works without direct copying.

The outcome of these cases, and the determination if the work is sufficiently original to garner copyright protection, depends on the judge.

...and yeah. I say boycott f21. Their disregard for the time, money, technological investment and talent that goes into these original designs makes them deplorable, and supporting that kind of behavior financially is not something I'm willing to do.

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posted by guest

Apr 14, 2008 11:53AM

Wow, you guys are shitting yourselves if you think the marni bag looks baby soft! You have got to be kidding me! Before I even saw the whole picture i thought it was a trash bag attached to some kind of handle. And besides, they don't look identical!

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