How can the Big Fish not eat the Small Fish? The IP Take
Distinction vs affordability
This debate has been taking place in the world of fashion since its inception. Shein is a fast-fashion e-commerce company based in China, which prefers the latter so much so that it faces accusations of copying designs from smaller fashion brands now and then. The company has been able to get away with it due to the current laws and regulations that are not strict enough to prevent intellectual property infringement in the fashion industry.
The fast-fashion business model relies upon quickly replicating popular designs and trends and offering them at lower prices. This has allowed Shein to become one of the largest online fashion retailers in the world.
Despite the efforts of some smaller brands, indie in particular, to take legal action against Shein for copyright infringement, it can be difficult to prove in a court of law. The fashion industry does not have the same level of protection for designs as other industries such as technology or entertainment. Such statutory loopholes enable copying and make infringement claims complicated and costly.
Another edge that Shein has in such scenarios is that it operates primarily online, which makes it easier for the company to evade legal action in countries where they do not have a physical presence. This further complicates the process of pursuing legal actions against the company to enforce intellectual property rights.
Furthermore, due to mass production, the low prices offered by Shein make it difficult for smaller brands to compete and protect their designs. This can lead to a situation where the smaller brands are forced out of the market, while Shein continues to profit from their copied designs.
The copying of designs by Shein has raised questions about the protection of intellectual property in the fashion industry. The questions that arise from this are: How can design piracy be stopped or minimized? How can smaller brands be protected against all these infringements? What loopholes need to be overcome so that companies that infringe copyrights face adequate consequences? While some efforts have been made to address the issue, it remains a challenge for smaller brands to protect their designs from being copied by fashion giants and the big players in the market.
Contact Our Team ›Intellectual property (IP) firms such as United Trademark & Patent Services can help smaller fashion brands protect their designs from being copied by larger companies such as Shein. IP firms can provide legal representation, assist with trademark and copyright registration, monitor the market for infringement, and educate brands on the importance of protecting their designs. By working with IP firms, smaller brands can better enforce their IP rights and compete fairly and squarely, without being exploited and ultimately forced out of the market.
