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the business of style: getting ripped off

Saturday, January 23, 2010



Every talented designer I've ever met has been ripped off. I'm not really planning to discuss the David vs. Goliath syndrome, like the current case of Carmen Colle vs. Chanel. It's obviously a serious issue, but for most of us, that's not going to be where the loss of an idea or a whole line, and the momentum, joy, and money-making that goes with it, happens. That said, my first brush with being ripped off was by a major couture house and it happened within the first month of being in business. It may sound strange, but I view it as a very fortuitous experience. A friend of a friend recommended that I use a broker in NY who would oversee the manufacturing of my bags in India. When I didn't place a large enough order, my extremely detailed palette composed of 20 unusual patchwork shades was sold to one of the most famous couture houses in the world and within 3 months, my patchwork bag was marched down the runway in Milan. Everyone who heard about it was horrified, but I was strangely elated that these designers thought my idea was good enough to put on the runway. The fashion veteran who'd made the introduction to the broker screamed at me to sue, but I took it with a grain of salt and felt lucky to learn within a few weeks of starting my business never to source my production anywhere that I couldn't physically supervise. To me it was a Business of Fashion 101 lesson and I didn't take it personally.

I recently met with a friend who's been trying to launch a lingerie line for the past couple of years. Her designs are great and right out of the starting gate she had a big order from a large chain of stores. At the time, she was involved with a group of business students and mapped out how she got the account in detail with them. One of the girls in the group took her work, copied it into her own business plan and launched a competing line. As a result, my friend spent the past year trademarking every design, concept, and name in her line, completely depleting her financial resources in the process. When she talks about this experience, she's pained and refers to it as what "crippled" her business. In my mind, the issue is the confidence and momentum she lost. As cliche as it may sound, creative people are often very sensitive to the pain and betrayal of backstabbing, especially creative women not trained with a business school mindset of competitive gamesmanship. The good news is you don't need an MBA to make your line work!

Here's the thing--from the moment your designs hit the stores, they will be open game for anyone to copy. When you move to the next level and have your designs in a showroom where buyers come to place orders, the stealing begins even earlier. In my NY showroom there was one designer, we'll call her C., infamous for stealing from the other jewelry designers in the same showroom. I was friends with a lot of the designers and you couldn't walk out of the showroom to grab a coffee without hearing complaints about how C. had ripped off their latest design. The showroom turned a blind eye to the whole thing because C. made them way too much money in commissions. Some of the designers spoke up for themselves and demanded that C. take their design out of her line. Not surprisingly, the squeaky wheel designers who complained usually got the showroom to back them up.



In fashion, like any other industry, there's always going to be a C. who thrives on stealing from the best. My advice is to stay away from the C.s in life and do your own thing. By the way, C. did rip me off, but waited until I left the showroom. Her imitation made it into one magazine but her version didn't have a long life in the stores. When you have a point of view in design that's coming from a genuine place, it translates into strong design. I truly believe that a copy that's not coming from that place doesn't have the same feel as the original. People can feel beauty and are attracted to the real deal, so don't get discouraged if you get ripped off, just keep honing your design voice. Instead of stopping when you're copied, be prolific, because while someone may lift one or two designs, no one can copy a fully expressed vision of a designer that is continuously flowing. Buyers with a good eye and successful track record with their stores recognize and reward strong design voices.

Being ripped off sucks, it's that simple. You can't take it personally because not all people are emotionally invested in design like us creative types, and so for a non-invested person it might not be viewed as stealing as much as taking an idea and making a good product cheaper, more efficiently, etc. I think the best way to approach the concept of being ripped off is to use the sweet baby approach. As a mother, you do not hand your sweet baby off to a pack of wolves. Good moms don't paddle out into the ocean with their newborn to swim with sharks--they carefully wrap their baby in a blanket and stay with them on the beach until they're old enough to learn how to swim. It's okay to protect your sweet baby, to firmly stand up for it, to speak out if anyone is trying to steal your baby. It does not mean you need to obsess about all the bad people out there trying to hurt it.

One of the best ways to care for your sweet baby is to take the legal steps to protect it. There are many books and resources available for free on the internet that talk about how to trademark and legally protect your designs. My friend Cece of Rock and Revolution is now writing a weekly post with business attorney Laurie Butler, that covers issues dealing with the protection of artists against copyright infringement, trademark, intellectual property law, contractual obligations and more. I urge you to check it out! Cece also recently posted a great link to an article on copyright laws that you might find helpful.

Before I sign off, I wanted to announce that as promised, Trust Your Style has teamed up again with UPrinting to offer 100 4x6 Postcards with full color on both sides to one lucky Business of Style reader! Postcards are a great way to promote your business and I often carry them with me in place of business cards.



To enter, leave a comment telling me how you would use these Uprinting postcards to promote your business. If you'd like to have an extra entry, sign up as a google friend and for another chance to win, sign up to follow TrustYourStyle on Twitter (the buttons are on the top right hand side of this page).

* The contest is open to U.S. residents only and UPrinting requires that the winner pay for shipping, but it's very reasonable.

If you entered last week's business card give-away, you'll automatically be entered into this give-away, and if you haven't yet signed up to google friend or follow trustyourstyle on Twitter, you'll get an extra entry (or two) if you do!

16 Comments:

Blogger Rock N Revolution said...

You go girl! Great post and thanks for the shout out!

It is my mission to make sure that the fashion scammers of the world get their due.

This copyright article is very important, and people need to stay on top of the laws that govern intellectual property rights.
Very important - especially to designers.

I think I should do a piece on that too.

xo
Cece

7:10 AM  
Blogger MMW said...

I'm not in the design business - and I don't think I'll ever design for the industry. But this article is a great read. Interesting to read of the legal side of designing.

New to your blog...have you ever showed your designs here on Trust Your Style? I'd love to see.

all the best.

8:04 AM  
Blogger Style (R)evolution said...

Mary Jo...

Great post... But What if its someone who you think you are in business with and then steals tens of thousands of dollars from you?

9:11 AM  
Blogger Tamara Nicole said...

That's a crazy story there, but you had a great attitude toward the whole thing:-)

I'm not in fashion, but crafts and I am freshly starting out! All I have is a Etsy shop and I've done 3 big gift shows here in WA, but I am feeling really good about this year!!!

So. For the cards I could TOTALLY use them to promote my items wholesale to retailers. I have a huge list of boutiques I plan to send something out, but I don't want to bother them with a whole kit. If they see a small card liek this, and they're interested it would be classier I think:-)

Love your blog!

9:45 AM  
Blogger Couture Carrie said...

Plagiarism in all its form is just deplorable!


xoxox,
CC

9:49 AM  
Blogger Treacle said...

Yay, thanks for letting me enter this giveaway! I'd use the post cards the same way as business cards...to pass out at trade shows at the like. The only difference is that now I could fit more information on them!

And I already follow you on Twitter. :-)

P.S. I'm not a designer, but this was an incredibly informative article. And I'm reading the info on copyright now.

11:24 AM  
Blogger samantha hahn said...

ugh getting ripped is so scary but it's not worth hiding your work. it's always a gamble.

on a different note, I'd love the uprinting postcards to put a new illustration on and send to potential clients!

1:20 PM  
Blogger LenkaLovee said...

thanks so much for sharing this info!! it was so helpful.as an inspiring designer i have been worried about this for sometime, but haven't been able to find a lot of info...this post has been perfect in timing and so helpful! a million times thank you dear! :)
xoxo.

1:36 PM  
Blogger LenkaLovee said...

oh and i would love to enter this postcard contest! i would use these postcards instead of business cards (since I dont have any). I think they would be so helpful to hand out to people and get the word out about my work!! :) thanks for this opportunity! :)

1:37 PM  
Blogger TERI REES WANG said...

It's seems oddly worse when it's my own "daily" friend who has walked into my home and studio, taking copious notes to reproduce, claims it as her own and tries to sell it back to you..as if I would not notice.

Each time this happened, I would remind her what friendship means and she would thank me for my honesty and guidance and profess her admiration and then....do it again.

I soon divorced her with out any animosity; Strictly to save myself.
I realized what it was.
Some of us work our creative genius with our head down and our hands working, making what we think is from our own original source.
Nothing is original; not any more.
Some others of us see those sources and proudly re-produce them as they see them, an then offer them.
That is the very nature of retail.
Admiring the designs, wanting them, knowing that others will want and admire them too, so offer them up.

The major difference, is the in the business of Art, the gallery owner and promoter understands and makes clear to protect the original source by keeping it original to the source. This is good business.

It is our job as the source to keep our ideas, plans and productions under our own personal privacy agreement. Protecting our sweet little, baby bird secret, until ready for a public rocket launch.
We do this as a way to hold the energy close to home, and not leak out to feed energy to some other.

Might we re-read the Art of War.

2:43 PM  
Blogger Rock N Revolution said...

I agree with the above comment by Terri, a non-disclosure agreement helps with vendors and suppliers. I am sure there are few other documents my friend Laurie Butler can come up with that I can share with you all. One of them is also a CEASE and DESIST letter.

I will share more info with you all soon!

5:10 PM  
Anonymous Cafe Fashionista said...

I think it's wonderful that you shed some light upon copyright infringement in the design/fashion industry. Amazing post!! :)

9:30 PM  
Blogger Char said...

it's always a major bummer when people steal - thoughts, ideas, art, whatever.

6:33 PM  
Blogger Federica said...

What a great post!
Hope you had a lovely weekend!
Federica
xoxo

2:23 AM  
Blogger Down and Out Chic said...

i'm loving this series because i'm honestly learning a lot! thank you for sharing your wisdom.

7:39 AM  
Blogger Design Darling said...

as a college student beginning to think about my first career moves, i found this article informative and thought-provoking. thank you for sharing your story and your business smarts!

2:05 AM  

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