The Hussy fashion label has successfully taken action against Sydney manufacturer REVERSE for both design and copyright infringement on three of its designs.
While the issue of designer copycats is not new, most designers refrain from going after the accused due to the long-winded and often expensive legal process.
The Hussy group say their win sets a great example for other designers to register their designs.
A win like this (detailed in the media release below) also educates consumers about the impact that these rip-offs have on the industry, in that they are no different to movie or music piracy.
"FOR IMMEDIATE RELEASE:
HUSSY TAKES ACTION TO PROTECT ITS DESIGNS
SYDNEY, June 3rd, 2010: Australian fashion label "Hussy" has successfully fought against intellectual property theft by registering “Hussy” designs and taking legal action against Sydney manufacturer REVERSE for both design and copyright infringement.
The label, founded by designer
Marie Hatzis-Ritchie, decided to take action against REVERSE in relation to three unique Hussy dress designs from the 2009 Late Night Lover Winter Collection that Hussy claimed were copied by REVERSE.
Some eight months after Hussy brought the matter to the attention of its lawyers, the case has settled out of court with a substantial settlement sum paid by REVERSE to Hussy.
Hatzis-Ritchie began registering Hussy designs in mid 2008, after seeing inferior-quality knock-offs being sold in Australian retail stores at substantially-reduced prices. Hussy designs now have protection under Australian design law and copyright rights protect the design and the layout of the embellishments on Hussy garments, which are a strong design differentiator.
Like most true designers, Ms Hatzis-Ritchie did not view imitation of her designs as flattery, but rather as theft of intellectual property.
"I could no longer sit back and watch cheap copies of my garments being sold next door to my originals, detracting from the reputation of the Hussy brand which I have spent 15 years building.
"My decision to take legal action was not taken lightly, but was something I felt was important to do to show that we are serious about ensuring that our customers purchase an original and unique garment,” said Ms Hatzis-Ritchie.
“The three designs we fought for in this case were among many Hussy knock-offs that we’ve seen produced in the past. The design registration system is now something that Hussy relies on to ensure it can protect itself from these cheap imitations", she said.
Lisa Egan, senior associate at Middletons who acted for Hussy in the case, said, "designers like Hussy are seeing the benefits of the design registration system, which ensures protection of their unique selling point of innovative design.
"Designers can register their designs with IP Australia to protect their intellectual property and Hussy has now reaped the benefit of taking this proactive position by being able to sue infringers, and ultimately have their rights enforced by the removal of the offending garments from the market and the payment of substantial settlement monies".
Hussy was started by Hatzis-Ritchie in 1995 and retails and wholesales both in Australia and internationally. Over the past 15 years, the label has developed a cult following for its fresh and innovative designs and recently showed at both the L'Oreal Melbourne Fashion Festival, and Rosemount Australian Fashion Week.
Ms Hatzis-Ritchie says she implores other Australian designers to follow suit and register their designs to protect the integrity of the Australian fashion industry.
“The exceptional talent in the Australian fashion industry is something to be treasured and protected. Copying designs from Australian labels that have spent countless months pouring blood, sweat, tears and substantial investment into developing their creations must be stopped,” she said. "