Adventures in Copyrights: Designer Dress Duel

May 28, 2008 @ 12:51pm

diane vs calvin.jpg Reader Emily sent in this latest design double-take, and we can't get over how close the copy is.

The original wrap dress is navy blue and by Diane von Furstenberg. The copy is Pepto pink and by Calvin Klein.

Other than some minute changes here and there (length of the bow, shirring at the sleeve hems, size of neck ruffles) the "inspiration" is way too direct to call coincidence. The real kicker? The copy's even called the "Wrap Front Dress".

Calvin's selling his for $128, which definitely puts it in the general price point of a DVF wrap dress - we would tell you the price of this particular one by Diane, but it's already sold out on Nordstrom.

Glad some people know the difference.

posted by doll

May 28, 2008 1:18PM

For some reason the first thing I thought of was Jessica Alba's pre-PR Rami dress, but I don't have a picture to compare so I may be way off.

posted by chic3

May 28, 2008 1:45PM

I don't know what DVF dresses you are getting but I wish the price point was $128... they are more like $325 plus! I have a few that were marked down considerably and they were still $200.
Anyway, yeah, shame on you Calvin.

posted by guest

May 28, 2008 1:50PM

American Eagle has a very similar dress...

http://www.ae.com/web/browse/product.jsp?catId=cat1320034&productId=0393_9056

posted by guest

May 28, 2008 1:51PM

While I agree with you that this is an adventures in copyright, and that DVF invented the wrap dress, I don't see why the "kicker" is that it is called the "wrap front dress." It IS a wrap front dress, regardless of who invented them! The "kicker" would be if they called it the "DVF dress" or took the actual name that DVF used for the original. Also, a DVF is generally over $300 -- not exactly the same price range IMHO.

posted by guest

May 28, 2008 2:26PM

Or the J. Crew version

http://www.jcrew.com/catalog/product.jhtml?id=prod93857161&catId=cat303273

posted by guest

May 28, 2008 2:46PM

other than the neck ruffles, the DVF dress is not exactly original or new either. It's the same old front wrap dress that pretty much has been done by everybody at every price point. And even the neck ruffles have been done by other designers but maybe not on a wrap dress. Ultimately, is this copying, inspiration or a generic style with some current trends tacked on by CK, JCrew, AE AND DVF? I'd probably guess the last one.

Also, the length of the bow is completely arbitrary no? I once took the bow piece/belt from a larger size of the same dress because I wanted a bigger bow (not a nice thing to do in retrospect but the bigger bow was way cuter) so it all depends on the styling...

posted by guest

May 28, 2008 2:48PM

Or the Ann Taylor Loft version, which I just bought yesterday and had no idea it was a DVF knockoff!!

http://www.anntaylorloft.com/catalog/product.jsp?productId=13224&N=1200012&pCategoryId=199&categoryId=211&Ns=CATEGORY_SEQ_211&showAll=Y&defaultColorNameFromCategory=Deep%20Blue&defaultSizeTypeFromCategory=Misses

posted by guest

May 28, 2008 3:13PM

to commenter @ 2:46:

yes, but the "same old wrap dress that pretty much has been done by everybody at every price point", the general concensus (sp?) is that DVF launched the wrap dress to some degree, so, if it is indeed the same old wrap dress, that just means everyone has been copying it forever...aka does not make this time ok!

p.s. considering the huge span of price points for clothing, fashionista is right, these dresses ARE in the same general price point!

posted by guest

May 28, 2008 3:22PM

Plus size folks can even get in on the copywrite action--

http://shop.nordstrom.com/S/2966015/0~2376776~2374327~6007059~6007112~6010558?mediumthumbnail=Y&origin=category&searchtype=&pbo=6010558&P=6

posted by guest

May 28, 2008 3:29PM

will dvf sue calvin like she did forever21?

posted by kenya

May 28, 2008 3:32PM

some of these "commenters" like to "nitpick" at every "word". i dont even wear dresses (only once for halloween) and i can tell you they look almost exactly the same. people seem to agree dvf conceived the wrap dress. what is the big deal?

posted by guest

May 28, 2008 4:01PM

i really like the DVF better. it looks like the ruffles are a little puffy or folded under and the fabric just looks more lux than the CK version. prob. b/c of the color- that pink is vomit worthy. lol

posted by guest

May 28, 2008 4:03PM

calvin klein himself didnt design that dress. a design team did, and its not even the rtw anyways. its probably that cheap calvin klein line you find at macys or wherever.

posted by guest

May 28, 2008 4:38PM

i am the commenter at 2:46
in reply to 3:13

here's some really nerdy facts:

Firstly, you cannot own the rights to a clothing design in America. In some countries you can though.

However, you can own the rights to a print thats on the clothing in the States. That's what DVF is suing F21 about, not the wrap itself. Weird isn't it? Apparently clothes are considered like a necessity. (I guess the idea is you can't hold the rights to the shape of a t-shirt lol) But prints are considered a graphic design, which has always been copyrighted.

Note: the print is not always owned by the designer. If a printmaker sells a print to F21 AND DVF then F21 makes the exact same dress as DVF, I'm not sure they can even sue in America.

From another perspective:
Even if DVF could own the wrap dress ....By trademark/copyright laws, if trademark/logo/design infringement is not actively pursued by the original designer (or whoever holds the rights) since its inception (for DVF like 30 years now) then it essentially becomes public domain. Hence, DVF would not own the wrap design dress now because it would've been her duty by law to sue every single entity (designer, corporation or even charity) who copies it that she can find. It's sorta like due diligence. Which I think is ok for Coke or Nike to do but not even possible for most fashion designers.

posted by guest

May 28, 2008 7:51PM

but just because something is legal doesn't mean it is not gross or bad or wrong...

posted by guest

May 28, 2008 9:51PM

didn't calypso do the exact same dress? looks rather similar to me.

posted by guest

May 29, 2008 1:46AM

The way I see it if you can make the exact same dress (quality wise) for cheaper than the original was over priced and I don't feel sorry for you in the lease bit. I as a consumer don't mind paying for quality, but I don't pay for labels alone.

If there is a difference in quality the customer will know it and will buy what they can afford...killing the competition aspect.

I've never see either dress in person, but in this case it looks like DVF made a nice but run of the mill dress, overpriced it and CK took that opportunity to make the same dress at price it cheaper.

posted by guest

Jun 02, 2008 10:22AM

I spotted the Calvin dress at Filene's Closet in Union Square Sunday on sale for $59.99 in both the pink and a black version. Fun fact.