eli5 Plagiarism in the fashion industry


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.

In: 0

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.

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.