The concept of “borrowing” ideas in the fashion industry has been around for as long as fashion itself existed. We often find that some designers take a little bit more than just inspiration from someone else, reaping the benefits and profits. Large fashion houses often steal ideas from small-scale designers who cannot defend themselves, let alone afford a fight against a large corporation.

Two years ago, Erin Robertson, fashion designer, artist, and Project Runway season 15 winner, collaborated with friend and artist Jordan Piantedosi to create an oyster textile for their 2017 collection “Sexual Helix”. When Burberry released their fall 2019 collection there were no dots to connect; it was evident that Burberry copied Robertson’s textile through and through, down to the fresh pearl embellishment included in her piece. The only difference was that Burberry switched their background to baby blue instead of the light pink used in “Sexual Helix.”

I had the opportunity to talk to Robertson over coffee about her experience and her opinions on the topic. “The unfortunate thing is those small businesses can’t do anything because we’re just too busy trying to pay our health insurance, bills, and rent,” says Robertson. “I talked to a friend that is a lawyer and even if I got an expedited trademark, which would cost $1,000, I would have to prove that someone at Burberry saw my design. How do you prove that? What is the point?”

Robertson adds, “The unfortunate thing is if someone rips off someone like Burberry they have a whole law team and they'll send a cease and desist.”

If a large fashion house is participating in plagiarism of a design, it is validated because of the name they carry and the reputation they have. People rarely question the actions of a corporation that large. There is also the issue of proving that it was indeed copied and that the designer was aware of what they were doing, which is a difficult task as there is no way of tracking what someone saw.

“I think that it's hard to really know who does what first, especially when it comes from a small designer who isn't as well known,” says Fashion Institute of Design student Ryan Midwinter. “I think sometimes people get caught in the title of big fashion houses and don’t question their motives or the truth behind the design.”

It also seems less egregious when large fashion houses copy other large fashion houses, rather than preying on the ideas of smaller companies.“The thing is that there is a difference of power. If someone of the same power is copying someone then who cares? They all have money, so it doesn't really matter,” says Robertson. “When a big house copies a small designer, it’s an abuse of power.”

There is no doubt that if Prada was to copy Chanel it would blow up and there would be large repercussions, but there seems to be a double standard, as small scale designers rarely receive justice from these incidents. “It's harder to steal stuff between the larger houses. People can pinpoint the copying and borrowing of ideas, but when you take from a smaller designer, some fashion houses validate it because it’s not on a big scale” says Midwinter.

There is little to no coverage of this industry issue. In an effort to bring attention to the Burberry scandal, Robertson posted about it on her Instagram story which led to hundreds of comments on Burberry’s Instagram regarding their shameless copying.

“I wish there could be more laws that protected upcoming designers. I think that's the really sad thing; when something like this happens, who do you turn to?” says Robertson. Often artists rely on the media to advocate for these issues and bring justice to those affected. Social media platforms do not sufficiently address the obvious plagiarism in the fashion world.

There is still hope in righting this injustice; bringing awareness and opening up the conversation are the first steps in defeating the power abuse in the industry. It’s time that we support independent designers and the meticulous work they put into creating original pieces.

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