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Legal advice from Fox Williams

Steve Sidkin of Fox Williams is well used to dealing with design infringement but says it is not always the case

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“Recently I had a young bride-to-be come into the shop with a seriously dreadful gown that she had bought (foolishly, she admitted) over the internet, believing that she would receive a dress that was exactly as pictured online. She was absolutely distraught and asked me if my seamstress could and would come to the rescue and salvage the dress to get it looking more as it promised.

“From a technical and practical point we can, of course, do it, but although I have suggested she buys a different gown and offered her a generous discount, she seems to have her heart set on what she fell in love with originally. Is there any reason - legally - why I should not go ahead? The image online was obviously of a genuine dress, though I have no idea whose it is.”

 

Steve says: The question posed is easily answered in terms of ‘no’. However, I set out below something which I hope you find useful as a guideline: The story of the foolish bride and the internet-purchased gown is, regrettably, one that I have heard on a number of occasions. It really seems to me that bridal retailers should take the opportunity to publicise the risks that brides take in making such purchases. [The BBSA has information and advice - it’s worth contacting them.]

You may wish to discuss with this particular bride the idea of a reduction on the amount you would otherwise charge her to make the necessary alterations in return for being able to use her story (after the wedding!) in your local newspaper, online local newsletter, or chatroom.

But to return to your question, I am a strong believer that when it comes to legal matters it is invariably better to engage in prevention rather than cure. As such, given the number of infringement cases - whether of design, trade mark, or copyright - involving the wider fashion industry with which my firm deals on a weekly basis, you are right to ask the question.

Fortunately, the answer to your question is ‘no’ - there is no obvious reason legally, given what you have told me, as to why you should not go ahead. This is because you are not seeking to make alterations to the dress in order to create a copy of someone else’s design or design feature; instead you are seeking to provide the bride with what she thought she would receive when she made her online purchase.

Your question, however, remains a good one. All too often bridal retailers or, indeed, brides using seamstress friends, seek to be ‘inspired’ by something that they have seen. But in fact they are engaged in copying - which is illegal.

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