Marc Jacobs the Pirate (Update: Settlement Reached)

[chloehandbags]

i thought there were no copyright laws in fashion

I'm no expert, but I imagine this may fall under textiles copyright laws? Apparently, copyright cannot cover a skirt length or a sleeve shape, but it does cover fabric motifs and patterns.

I believe back in the early '80s (and before), one had to apply for copyright, though (whereas now it happens automatically)? That's why every brand name had a c in a circle after it.

I assume Marc, or whoever found this scarf and decided to copy it, thought it was just an old souvenir item and that it, therefore, wouldn't be copyrighted and no one would notice, or mind?

A bit like directly copying images from old souvenir postcards, or posters, onto fabric (which many, many, designers have done over the years)?

 

[sill]

this is hilarious, but the guy from sweden is afraid that he won't win the case and lose a bunch of money.. therefore i don't think there will be a lawsuit, although i think he should since it's straight out copied..

oh, marc..

 

[kahlilg]

wow. that sucks.

 

[~Audrey~]

ah, i see some similarities ...

*ironic*

man that's bad. pirate pirate pirate!
get your own ideas!

 

[mystiiik]

why would the guy from Sweden be afraid to make his case it makes him seem like he's lying about it then!?!

 

[StellaMare]

^^ Umm, because the Marc Jacobs company is this millionaire celebrity company and he's just a random guy from northern Sweden? Lawsuits in Sweden are a lot different from those in the US. People in general are very reluctant to get into this sort of trouble - even if they didn't cause it themselves.

Anyway, I highly doubt Marc himself does his scarfs.. it's probably someone in the accessories design team or a researcher. Designer teams copy old design all the time, it's nothing new. People just don't realise it most of the time.

 

[Nelia]

why would the guy from Sweden be afraid to make his case it makes him seem like he's lying about it then!?!

Maybe seriously because I don't think it was such a big deal, almost nobody has talk about it; and I agree all designers teams are doing it.
Great job Berlinrocks but guess what? I prefer Marc's one.

 

[MissMagAddict]

source | thelocal.se | mar 4th

US fashion designer makes 'plagiarized' scarf payout
Göran Olofsson, a 55-year-old from Arvika in western Sweden, has received compensation from the Marc Jacobs fashion house after the US designer appeared to copy a scarf created by the Swede's father in the 1950s.

Olofsson said he would prefer not to reveal the "cash amount" promised to him after he had written a number of emails to the celebrity designer demanding an explanation.

"We have reached an agreement. It all took quite a long time but I am happy with how it has worked out," said Olofsson.

As far as he was aware, the firm would continue to sell the scarves as before.

Speaking to The Local last week, Olofsson expressed frustration that the issue had not been resolved to his satisfaction. But this, he said, was "probably largely due to language confusion".

Two weeks have passed since Olofsson first discovered that his father's scarf was still very much à la mode.

Being something of a jack of all trades, Gösta Olofsson designed the scarf when he was able to grab a spare moment while running the local petrol station and shop. The item was an immediate hit with tourists and villagers alike,

Fifty years after Olofsson first began selling the popular accessory, Marc Jacobs reproduced the symbols of Härjedalen county on a 'mountain bandanna' that bore an uncanny resemblance to the original.

Like the Linsell scarf, named after the family's home village, the Marc Jacobs creation contained a number of symbols of Härjedalen county, including two bears, pasque flowers and the coat of arms of the region.

The local church was also depicted on the scarf, at an angle suggesting that it could only have been sketched from the family's back yard.

The Local has tried on a number of occasions to reach Marc Jacobs for a comment but has so far not received a reply.

 

[Symetrie]

What? Marc Jacobs will still continue selling this scarf?

 

[Yanka]

So how much money did the guy get?

 

[Couture_Whore]

in the article it says the cash amount won't be revealed but i'm guessing it must be a large amount b/c it will still be continued to be sold.

 

[happytrail]

he must have got quite a settlement if he's okay with them still selling the scarf. maybe he'll get some of the profits too, but who would want to buy it now knowing it's not an "original."

 

[IncurableLunatic]

must be quite a settlement if the amount wouldn't be revealed...

 

[Working Girl]

What a sellout. Big business always win.

 

[jeweledvixen]

On another note: Marc Jacobs is completely overrated.

 

[Yanka]

must be quite a settlement if the amount wouldn't be revealed...

I'm sure having his design stolen by a multibillion fashion company was the best thing that ever happend to him.

 

[StellaMare]

Doubt it. It's not like he's now financially independent or anything. And he won't get any profit from the sales - only the money from the settlement.

 

[fashionista-ta]

Well, at least they stepped up & did the right thing.

 

[Ella Petrovsky]

^ I think they had to. They two scarves were obviously the same design

 

[La Bellabello]

What? Marc Jacobs will still continue selling this scarf?

Yes, of what i´ve read. I guess the swedish man don´t mind, that his father´s scarf will be sold worldwide!