Sometimes, the law falls short when addressing wrongs, both in general and in connection with protecting the fruits of one’s creativity. As we have oft-noted, ideas are not covered by copyright law; it is only the expression of the idea that is protectable in court. Unfortunately, this leaves emerging and talented designers vulnerable for exploitation. If an established fashion house takes notice of your progressive, unique, and original idea, as expressed on your designs, and takes the idea but tweaks the expression, there is often little that can be done legally to seek redress for this wrong.
Which brings us to today’s apparent art-jacking. Cimone is a small British independent label, led by creative director Carli Pearson, formerly of Wang, Pucci, and Stella. Their Spring / Summer 2017 line, which they debuted in Fall 2016, employed a cohesive design concept that presented embroidered paint splashes as key embellishments on otherwise white garments. While Cimone was not the first to use Pollock-ian splashing in their design, they certainly expressed the concept in a unique way. And it appears that somebody at Oscar De la Renta took notice, as their Spring / Summer 2018 line, which recently debuted, certainly bears a striking resemblance to Cimone’s pieces. See for yourself below (click to enlarge photograph):
- AttorneyScott / email: scott@copyrightLA.com / insta: @veniceartlaw