Are Designer Purse Parties Legal?

In both the United States and Canada, copyright laws exist to protect from illegal designer purse parties. In other words, if you have a product, idea or invention, you can get it protected and nobody else can “steal” it from you. This article is an example. You've seen copyright jargon on the videos you rent that say it cannot be duplicated without permission, etc. It’s the same thing. Only Intellectual property can be protected under the law in both the United States and Canada as of now.

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As stated in the eBook Purse Party Profits, designers never sell to purse party companies. There are very stringent rules set out by designers in order to purchase designer purses at wholesale prices. So if you get invited to a designer purse party I can promise you that they are counterfeit or stolen.

What is Intellectual Property?

Intellectual Property (IP) is an “idea” that's later created into a product. Intellectual property refers to the creations of the mind and is divided into two categories - Industrial property and Copyrights. Creative products such as books, movies, works of art and music are examples of intellectual property that may be copyrighted and thus protected under the law. Louis Vuitton’s patterns are considered works of art like a Picasso or a Rembrandt. So those patterns are an example of an IP.

But the actually size of the bag, how many compartments or handles it has - things like that - are not protected. That's why there are so many “designer inspired” creations out in the moderately priced marketplace.

The division of intellectual property called industrial property applies to the actual visual design of objects, i.e., the creation of the shape, configuration or composition of a pattern, or a two or three dimensional pattern used to make the product. It protects the “blueprint”. Under Canada Law, industrial property can be patented for 10 years of protection before someone can copy your style.

In the United States, industrial design patents last fourteen years from the date of the grant. But as of yet, designers’ creations are not readily included in this law. It’s more for the “how to build a better mousetrap” type blueprints.

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That doesn't seem very fair, does it? If a designer works hard on a new handbag coming out in his or her summer fashion line, why can’t that be protected like a new lawnmower or a new way of making bricks? Perhaps it's because fashions seem to come and go, come back in style as retro and so on. Fashion is a fuzzy area that many legislators are trying to get clarified.

Even though designers don't as of yet fall under this category, the methods they use to make the item can be protected by law. In other words, say that Prada designed a certain machine that did a brand new, never seen before stitch. That machine can be copyrighted so no other machine can produce the exact same stitch. But again, if someone comes along and imitates that stitch, but doesn't claim it's the stitch, that’s alright.

Thomas Burberry, the founder of the British Design House of Burberry, actually invented a new way to waterproof leather. That was copyrighted and was protected under the law. How he did it was his secret and it made his products more valuable. “Patent Leather” is another example as the name states.

It was left to lie in the hands of the new administration under President Barrack Obama, whose University of Chicago advisors have a longstanding reputation for opposing the expansion of intellectual property protection. Why? They fear it will squelch free enterprise and trade into the United States and affect jobs. This is according to articles on the website Counterfeit Chic, which daily monitors the world of fashion. As you can see, this is a difficult issue. There's good debate on both sides of the dilemma.

Trade mark and trade dress laws prevent the design of a company’s logo to be copied. So it's copyrighted. That's why you see the little ® in a circle after a name like Coca Cola or Pepsi. The font design and script they use for their name is registered trade mark. It can be registered as a trade mark because the design is considered art and falls under the IP laws. Another way that a designer can have protection is through their logo. That’s a trade mark ™ and it can be copyrighted ©. Therefore, it's illegal to copy that logo or distinguishing mark and claim it's the original logo. Chanel’s famous two “C”s that mirror each other and overlap is an example. Everyone who sees it thinks - “That’s a Chanel”.

There is no such thing as designer purse parties so if you get invited to one please say no thank you. They are illegal and you could lose money but worse maybe you freedom too.