Fashion Law

Copycat Gets Catty About Copyright Infringement

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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