Fashion, Trends and Movies: The Devil Wears Prada
(scenes from The Devil Wears Prada. 2006. Fox 2000 Pictures)
Intellectual Property Lawyer’s Quirks: ‘I See IP All the Time… Everywhere!’ Then, Let Me Talk about a Movie without Forgetting IP
If, Like Other Intellectual Property Attorneys, You ‘See IP All the Time… Everywhere.’, So Let’s Talk about Distinctive Elements
The other day I was watching the movie The Devil Wears Prada so I came across a scene where Andrea (character played by Anne Hathaway) thought Miranda Priestly’s indecision (played by the glorious Meryl Streep) between the two blue belts was funny, since they both looked basically the same in her conception. (watch )
That scene depicted from such blockbuster (a great movie to watch during the quarantine, by the way) is a lesson about how the fashion industry influences our dressing habits and how it makes the money circulate in the fashion market.
Andrea’s comment clearly made her boss upset, then Miranda teaches her a lesson describing how the decisions made in the fashion industry are relevant and affect the whole clothing consumption chain, influencing the way we dress without even realizing it.
A color chosen for the collection of a great brand, as well as other characteristics like the style or even the value behind the product such as sustainability, may influence both direct and indirect competitors from the same particular market segment (luxury), as well as indirect competitors, such as the prêt-à-porter and fast fashion markets.
This is the birth of what the fashion world calls a trend, which can blow up in many ways. In that The Devil Wears Prada’s scene, there is an example of what is known in Marketing as the “Trickle-down effect”, which means the influence of a trend from the most richest sectors, formed by the consumers of haute couture, for instance, affecting the popular fashion sector where there is large-scale production with low added value products.
It is important to say that this is not the only way of trend diffusion, it can also go in the opposite direction. A trend can arise from popular sectors of economy and gain momentum, becoming a wealthy sector’s desire of consume too. This phenomenon is called “Bubble-up effect”, but that is an entire topic in itself.
By observing our consumption habits related to fashion products purchased either at department stores or from prominent stylists, it is easily possible to recognize that the reality described by Miranda is totally ordinary.
Besides, what we must analyze from this event is: to what extent does the trend flow phenomenon become an IP right infringement?
It is essential to remember that fashion goods, beyond the trend, hold brands, industrial design, copyright, etc., which are protected by the law. Likewise, such goods may have a “trade dress”, which is such a unique visual appearance capable to make the product distinct enough from the others, to the extent that it is impossible to dissociate the visual identity from either its brand or producer.
In sum, the choice of a color, as the blue color of the belts in the movie, may be actually made by any brand without causing any infringement. In fact, what would be against the law is a third-party attempt to imitate distinctive elements of a verified manufacturer, associated to its name or elements of their intellectual assets.
It is a productive discussion. Have a good movie!
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