Copycat Gets Catty About Copyright Infringement

August 2015

Last month I published my Hermès-infringing “Beachkin” bags fashion law post.

Yesterday, five weeks after announcing my post on Instagram, I received a comment from Hang_2_Dry’s account. Hang 2 Dry is the store that sells Beachkin. The comment alleged copyright infringement on my part. Touché Homiès.

My response to this weak allegation is go read Is making art using someone else’s IP legal? and Are Your Instagram Photos Being Sold by Someone Else?

I removed my originally posted group photo of the Beachkin bags (see above). I deleted the photo because I did not want someone to see an overview of my account and think that I actually own one of these wannabe Birkins. My action was not intended to give any credence to the false copyright infringement claim.

After my voluntary removal, Hang_2_Dry left another comment on my Instagram.

Instead of learning some law from the knowledge I dropped in re the company’s actual infringing practices and how Hermès could go after the Beachkin, Hang_2_Dry was busy on a high horse (likely using a knockoff Hermès saddle). But that horse was just a donkey.

I would rehash my previous posts to explain how my use is not an infringement and what a defamation claim actually entails but then I would feel the need to submit an invoice to Hang 2 Dry.

Instead, check out my previous posts linked above and even dust inspires infringement.

And kudos to Hang_2_Dry if you made it this far. I will gladly entertain your explanation as to why my claims are false and you feel defamed.

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3 Comments

  • Reply Leslie Roberts August 2015 at 10:55 pm

    Lmao love that they tried to test you taking missed shots and you shot back harder.

  • Reply Kathleen August 2015 at 12:11 pm

    I make patterns and provide cut and sew services in my factory; I get a lot of inquiries from start up designers. Not everyone asks me to sign an NDA (I refuse) but of the ones who do, 9 times out of 10, they’re copying someone else. I don’t copy products whether the party being copied is a client or not. Seems incredibly galling -they want to paper me so I don’t tell on them? They also want to know who all of my customers are -but I’m not supposed to mention them to others? Why are they so special? I tell you, the world has become increasingly populated with very special people.

    FYI: I don’t sign NDAs because 998 out of 1000 are cobbled together with the assistance of Mr.Google Esq. with some pretty creative (crazy) “clauses” in them. I will sign an NDA if the client pays for my lawyer to read it and he gives it the green light. Most people get mad about that and say I should absorb the legal as the cost of doing business but why should I if none of my customers require it and this customer will only be spending $1000 or less, of fairly and accurately billed hours?

    An aside: It is annoying that right click is disabled on your site. I can’t edit my own comment by ctrl+c/ctrl+v to shift sentences around.

  • Reply Ashley Mapp August 2015 at 1:32 pm

    Your analysis was spot on and very thorough!

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