eli5 Plagiarism in the fashion industry

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Can someone explain how plagiarism in the fashion industry works?
Selling fake gucci bags etc. on the street does not seem to be illegal or am I wrong? And what about people who copy merch and design ideas to sell them on etsy for example?
I’ve always wondered how that is possible.

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2 Answers

Anonymous 0 Comments

If they’re using the brand name (or a close enough imitation), then it’s a trademark violation.

Fashion designs can’t typically be trademarked. I think they can trademark specific print patterns and things like that.

Anonymous 0 Comments

Unless they have a design patent, then you are free to make something that looks almost exactly like some other product. If you are clearly copying another design and their logo, that is a no-no. If you try and import such a product and the customs agents spot it, they will seize the product.

If you try and pawn off a fake as the real thing you can get popped with a fraud case.

EDIT: As mentioned by heidismiles, I am pretty sure you can trademark or copyright a specific print pattern as well.