The Tokyo District Court once again reminded us that in the fashion, innovation comes with rights. In a dispute over the iconic BAO BAO ISSEY MIYAKE bags, the Largu Co., Ltd. found out the hard way that copying is not just lazy but it’s expensive. The court awarded JPY 71 million (USD 49,500) in damages to Issey Miyake, putting an end to Largu’s attempt to cash in on someone else’s creativity.
BAO BAO: Not Just Another Bag
Since its launch, the BAO BAO ISSEY MIYAKE has stood out with its tessellating triangular design, creating dynamic, three-dimensional forms as it moves. It’s more than just a bag; it’s part art, part engineering, and, a statement of design ingenuity. This uniqueness didn’t go unnoticed, earning the BAO BAO widespread recognition and a loyal following.
Largu’s Shortcut
Then comes Largu Co., Ltd. and its Avancer bags. These knockoffs mimicked the triangular structure, offering a suspiciously similar look at a fraction of the price. While Largu argued that its designs featured slightly different shapes, the court however saw through the tactic, noting that the Avancer bags created the same visual effect as the BAO BAO.
The Court’s Take
The court found that the triangular design of the BAO BAO had become a recognisable feature, serving as a source identifier protected under the Unfair Competition Prevention Act. The ruling emphasised that the design’s innovative geometry and ability to morph into various forms gave it a distinct identity.
Largu’s attempts to argue differences in price and shape did not sway the court. The decision highlighted that even with a lower price tag, the imitation could mislead consumers into associating the product with the original.
The verdict ordered Largu to halt production and sales of the “Avancer” bags and pay hefty damages.
Copyright Claim Dismissed
On the copyright front, the court dismissed Issey Miyake’s claim, citing the mass-produced nature of the BAO BAO bags. While this left copyright law out of the equation, the Unfair Competition Prevention Act proved more than adequate in protecting the design.
A Warning for the Unoriginal
This case is very clear about one thing: originality is non-negotiable. Brands that attempt to take shortcuts by copying should expect more than a slap on the wrist. Protecting creative designs isn’t just about stopping counterfeits; it’s about ensuring that the effort behind innovation is recognised and rewarded.
For those thinking of borrowing ideas, here’s a simple suggestion: try coming up with your own. It’s a lot cheaper than a courtroom defeat.
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