1. Running head: ORIGINATE! DO NOT IMITATE! 1
Originate! Do Not Imitate!
The Basics of the Innovative Design Protection and Piracy Prevention Act
Genesis Garibaldi
South Mountain Community College

2. ORIGINATE! DO NOT IMITATE! 2
Originate! Do Not Imitate!
The Basics of the Innovative Design Protection and Piracy Prevention Act
From Louis Vuitton, the French based fashion company, to Converse, one of the most
classics companies founded in the United States, most apparel and clothing companies become
knockoff or counterfeit victims, or at least they think they do. In 2006, politician Robert "Bob”
Goodlatte suggested to develop the Design Piracy Prohibition Act. This act was primarily
proposed to protect Fashion Designers’ original pieces from imitation. Due to a few
complications, politicians wanted Design Piracy Prohibition Act to be more specific, but the idea
was shut down. Senator of New York, Charles E. Schumer, presented the Innovative Design
Protection and Piracy Prevention Act in September 2012, which specified the idea of Design
Piracy Prohibition Act. A few key differences between the Design Piracy Prohibition Act and the
Innovative Design Protection and Piracy Prevention Act include knockoff and counterfeit
products, as well as the use of producing these imitating articles of clothing. For instance, if one
were to design their own wedding dress replicating the exact same model that Vera Wang
designed, then this is acceptable. However, if one were to sell this same replicated dress, then the
copycat designer can potentially get sued (Eldik & Michaels, 2014).
Knockoff items are arguably considered one of the factors involved in the Innovative
Design Protection and Piracy Prevention Act. A few companies have seen a trend and have
adapted it in their own way. In addition, their spin on the trend is sold for less than the original
product. For example, several companies, such as Skechers, Walmart and K-Mart, have taken
their own spin on one of the most famous shoe designs that has been known for decades,
Converses’ Chuck Taylor All Stars. Due to their actions, Nike sued these companies back in
October 2014, as well as 28 others (Witt, 2014).

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Another one of the most vital factors involved in this act includes counterfeiting designer
items, such as a Louis Vuitton Speedy Bags or Chanel purses. The Museum at FIT, describes
“counterfeit” as products that are “made in exact imitation of something valuable or important
with intention to deceive or defraud.” In a video titled, “An Insider’s Perspective on the
Counterfeit Industry” (2014), provided by The Museum at FIT, a few individuals in the fashion
industry give details as to why people should not contribute into this market. Valerie Salembier,
President and CEO of the Authentics Foundation, explains her perspective on counterfeiting by
stating, “When you are buying a fake, you are funding child labor, drugs, drug cartels, and
terrorism.” Authentics Foundation is an international organization that promotes and raises
awareness of counterfeit items (“The Authentics,” 2013). Nevertheless, not everyone agrees that
copycat designers are considered a negative impact in the industry. In an interview on Fox
Business, Chris Sprigman, New York University Law Professor, argues that, “Copying, actually,
in the United States, helps the fashion industry. It helps, for example, to signal to people that a
trend has occurred…When there is too much copying, it signals to people that the trend is
starting to be over. It’s overdone” (Stossel, 2015).
To publicize the danger of counterfeit items, the Council for Fashion Designers of
America Foundation collaborated with eBay and several luxury designers, such as Rachel Roy,
Rebecca Minkoff, Diane von Furstenberg, and Tommy Hilfiger. The designers had the obstacle
of designing their own take on a tote bag using the saying, “You Can’t Fake Fashion.” Using the
finished tote bags, eBay sold them through their site and the proceeds were sent to the Council
for Fashion Designers of America Foundation (eBay, 2012).

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References
(2013). The Authentics Foundation. The Authentics Foundation. Retrieved from
http://fakesareneverinfashion.org/who-we-are
(2015). Protecting design. Council of Fashion Designers of America. Retrieved from
http://cfda.com/programs/protecting-intellectual-property
eBay. (2012, March 15). eBay & CFDA “You can’t fake fashion” 2012 [Video file]. Retrieved
from https://www.youtube.com/watch?v=tDS9gI1eP5o
eBay. (2013, March 15). eBay & CFDA You can’t fake fashion 2013 [Video file]. Retrieved from
https://www.youtube.com/watch?v=8mmg2fSl7cw
Eldik, Y., & Michaels, M. (2014, October 6). Eyes off the runway: How to prevent piracy in
fashion. Harvard Negotiation law review online. Retrieved from
http://www.hnlr.org/2014/10/eyes-off-the-runway-how-to-prevent-piracy-in-fashion/
H.R.2511 - Innovative Design Protection and Piracy Prevention Act112th Congress (2011-2012).
(2012, December 20). Retrieved May 4, 2015, from https://www.congress.gov/bill/112th-
congress/house-bill/2511
Stossel, John. (Host). (2015, February 2). Stossel [Television broadcast]. Fox Business.
The Museum of FIT. (2014, December 9). An Insiders Perspective on the Counterfeit Industry
[Video file]. Retrieved from https://www.youtube.com/watch?v=Is9Hxn7Wr5w
The Museum of FIT. (2014, December 9). Knockoffs and Fashion Design Protection [Video
file]. Retrieved from https://www.youtube.com/watch?v=z347SXVJAAE
Witt, Alex. (Host). (2014, October 18). Weekends with Alex Witt [Television broadcast].
MSNBC.