The Schumer Bill: Fashion Friend or Foe?

Left: Diane Von Furstenburg [Spring 20089], Right: Mercy [Spring 2008]. Photo Source

On August 5th, Senator Charles E. Schumer proposed the Innovative Design Protection and Piracy Prevention Act (IDPPPA) which aims to protect American fashion designers from uncanny knock-offs for three years. In an industry driven by trends, which quite often lead to countless copies of original designs, this plucky little bill is aimed to specifically protect innovative and original garments and is actually expected to pass this fall.

The IDPPPA places the onus on fashion designers to prove in a legal action that they created “a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs,” worthy of being protected. This presumes of course that the designer becomes aware of the copied apparel, shoes, sunglasses etc. and pursues legal action, instead of relying on a sort of fashion police. The Bill has the support of the American Apparel & Footwear Association (AAFA) and the Council of Fashion Designers of America (CFDA).

My favourite case of this kind of alleged design theft in Canada was the affair of the bedroom jacket, originally designed by boutique Canadian label Mercy, and then substantively copied by the Diane Von Furtsenburg label [both pictured above]. Nathalie Atkinson of the National Post scooped this story last year after spotting the Mercy jacket in Lucky and the DvF in Teen Vogue. From the shredded silk sash bow, to the inner drawstring and pin tucks on the sleeve, DvF’s jacket was identical to Mercy’s. A bill like this might have made DvF pay up, jurisdiction issues considered.
Continue reading

When Books Go Bad


Book Review: Crime of Fashion by José Latour, McClelland & Stewart, 2009

There are two kinds of terrible novels in the world: those that are simple, plot-driven and enormously entertaining (often happily consumed on the sly and not unlike Hollywood rom-coms or Kylie Minogue); and there are the kind that are just plain awful, akin to being trapped in a stopped elevator with a relentless, crushing bore. I quite like the former. I admit that even at this moment I have both an Anne Rice and a Dan Brown paperback surreptitiously filed on my bookshelf (spines facing inward), just waiting for a good headcold or snowstorm as an excuse to fall into a world of guilty pleasure reading. I am very sorry to report that José Latour’s Crime of Fashion falls into the latter category.

Crime of Fashion is a mystery novel that centres around the kidnapping of a highly successful former model. It may be one of the worst books I’ve ever (partially) read. Filled with banal observations couched in mediocre prose, Latour reveals his characters with all the complex layering of an episode of Law and Order: “As did many employees in extremely hierarchical organizations – like the armed forces and the police – Tony had developed instinctive respect for superiors and… an unthinking disregard for subordinates.” What works in an hour of television does not work in 300 pages of text. And while the novel takes place in New York, Miami, and Toronto, the author skims the first two cities with the barest detail, then presents a barrage of pointless minutiae on the third. Miami is described as “hot,” yet scenes in Toronto offer not only street and location names, but also statistics on population (in both the metro and greater Toronto area) and hackneyed musings on the city’s sociocultural landscape. During a drive through Leaside, we find the following lightning-sharp commentary: “We’ve been to Chinatown, Greektown, Little India, Koreatown,” says one character, an American, to which his friend responds, “Those are business areas. It seems to me, after closing time people from all those places drive home and live side by side.” Good lord.
Continue reading