No silver lining for designer copycats
The warning comes as Australian designer Lisa Ho prepares for a lengthy Federal Court battle over allegedly reproducing a fabric print without authorisation. Lisa Ho Retail, Lisa Ho Designs and three other fabric and design businesses are being sued by Les Tissus Marey SA for illegally producing, distributing and selling the printed garments in 2004.
The fabric manufacturer claims that national retailer Sportsgirl bore exclusive rights to the print after it was bought and produced in the same year. While Sportsgirl and Lisa Ho declined to comment on proceedings, it is understood Ho will be launching a counter-claim for a breach of contract.
If Ho is found guilty of the charges, she could face serious penalties including an account of profits, damages for any loss suffered and/or additional punitive damages.
McCullough Robertson Lawyers law clerk Jill Penridge believes cases like Ho's are not uncommon and that fashion companies should take a tougher stance on copyright infringement.
"Employers should have systems in place that monitor employees and designers so that they can't copy other garments that are protected by copyright."
According to Longina Phillips Designs managing director Lola Phillips, the scale and types of infringements are also becoming increasingly complex.
"Some designers think that if they change a print by a magic formula of 15 per cent or 30 per cent, they can get away with copying it. In reality, that's not the case because the key element is the same. You can't copyright a concept but you can copyright a style."
Citing several cases where the company experienced copyright breaches, Phillips also said that legal action is not always an option for manufacturers.
"I had one case where there were ten designs at stake - ten designs is like $3050 - but it cost me almost double that to chase it up. If it's your livelihood then you have to protect it but do you pursue it every time? How far do you take it? It's such a small industry, you can't always afford it."
Ho is due to appear before a directions hearing in the Federal Court on October 18.