keep bootleggin…

The design protection bill is faulty for many many reasons and more symbolic than anything else. Just based on the column, there are several issues aside from the obvious resistance from layman who doesn’t understand the concept of intellectual property right.

1.  if the standard of the law is substantially identical rather than substantially similar, most if not all of the McQueen dresses are only protected in theory as their designs are truly unique. They would not be protected in reality since any lucrative copies would do away with a lot of detailing and would therefore not be substantially identical. It’s a shame, because his is one of the few instances where a creation would be knocked off for a truly unique piece rather than  an exploitation of the name attached or the fame of the piece (which are lucrative because they’re easier pieces to knock off and more accessible anyway). Primary example is the featured dress of the article. When are we going to stop fronting about its being McQueen and just admit it’s a Badgley Mischka masquerading under another name? On the flip side, many of McQueen’s creations doesn’t even need protection, because they’re just not accessible (aside from those lobster claw jawns that inexplicably got knocked off.

No matter how viable it is in terms of profit recovery or any sort of commercial protection (rather than the abstract idea of property, which doesn’t provide any sort of measurable benefit/gain), for the sake of justice, I guess, symbolically, there should be some protection, just not for the kind that will end up being protected by the bill. Money is power, eh?


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