If you’ve ever scrolled through the latest drops from global fast-fashion platforms, you might have noticed something familiar – a dress, a design or even a photo that looks suspiciously like something you’ve seen advertised by a local designer. Welcome to the world of fast fashion, where the line between “inspiration” and just plain "copying” is as thin as a spaghetti strap.
Fast fashion is all about getting the latest looks to your wardrobe at lightning speed. But this rapid-fire approach comes with a catch: it’s tricky for designers to protect their original creations. Fast fashion platforms have faced repeated accusations of releasing products that are almost carbon copies of independent designers’ works and sometimes even their marketing images. This is because central to fast fashion’s success is the extensive copying that enables production of high volumes of low-cost, trendy garments.
And such concerns are a reality for some. Sera Lilly, founder of Friday Flamingo, recently discovered her designs and original photographs being sold on a large online fashion platform, presented as the platform's own. While the platform responded by removing the products and investigating the claims, the reality is that small businesses often lack the resources to pursue legal action against global giants.
And it is not just fast fashion brands being accused of copying garment designs. Designers themselves have faced allegations of copying popular fast fashion outlets but when the nature of such garments is generic – questions of whether it is copying get confusing.
So, what legal protections exist for designers in Aotearoa? New Zealand does not have a single intellectual property right tailored specifically to fashion design. Instead, designers must rely on a combination of copyright, registered designs, trade marks, consumer protection laws and customs border notices. This patchwork approach can be confusing and gaps in protection are common. So, in our next fashion article, we’ll unravel the threads of confusion and look at why stitching up a remedy for fast fashion copycats and duplicates is no walk down the runway.
This article was prepared by Sophie Thoreau (special counsel) and Amy Irvine (solicitor).
