Who owns that bikini design? The answer isn’t as clear as you think

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For Australian designers, the issue of copyright and ownership is an ongoing – not to mention laborious and expensive – challenge.

The Michael Lo Sordo bikini shown at Australian Fashion Week and the one by St Agni.

In Australia, fashion designers are protected by copyright, trademark and design laws. While trademark law covers names and logos, copyright law exists to enshrine individual designs, such as sketches and patterns. This is applied automatically, without the need for registration.But once clothes are made at scale, the law gets more complicated, says intellectual property expert Jennifer Tutty.

Desley Maidment, the co-founder of State of Escape, discovered this when she and her business partner, Brigitte MacGowan, sought an injunction against another brand for copying its handbag design. Ultimately, the court found that copyright did not exist, but if the design had been registered, it could have been protected.“The fashion industry in Australia is really booming with talent,” says Ms Maidment, “and we believe that that must be protected.

 

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I'm sure if you wear more it would be harder to copy.

NFT solves this problem

You can’t copy write two triangles and 3 bits of string.

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