Fashion trends change from year to year; season to season. Designers have the unique skill set to often predict and even set the next big trend with their designs. Unfortunately, not all of them are able to truly realise the benefit in doing so.

Independent designers often face the harsh reality of their original designs being reproduced without their consent before they get a chance to release it.

‘Jangle Visions’ owner, Claudia Diroma, claims to be one of these designers. Diroma has recently alleged renowned designer, Alexander Wang, of infringing her copyright. She claims her design ideas were stolen from her portfolio and incorporated in Wang’s latest campaign. Diroma will not only receive compensation for the stolen designs if she is successful, but may also be entitled to the $75 million profit Alexander Wang made from that campaign.

However, not every designer can afford to litigate in the event infringement does occur. In Australia, in order to take action to stop others from using a design, a design needs to be both registered and certified. For a design to be certified, it needs to be new and distinctive compared to other designs in the World and not available to the public at the time the application is made. As such, it is important for designers to secure the rights in their designs prior to releasing it to the market.  

At Sanicki Lawyers, we can provide you with the right legal support to protect your designs and, in doing so, prevent potential exploitation and provide redress for any infringement.

Feel free to contact Michelle Wong at [email protected] if you have any further questions or queries about design protection or fashion contracts in general!