When I read this link about Urban Outfitters ripping of a small designer and was appropriately outraged:
Anatomy of a trending topic: How Twitter and the crafting community put the smackdown on Urban Outfitters.
Then I read Regretsy's
measured take on the subject it made me take a step back. The author provides lots of examples of similar items to the one question made by other artists dating back to years before the “ripped-off” designer sold her first one.
Copying is such a sensitive topic amongst designers small and big alike. I've seen unmistakably exact copies of other designers work and I've seen designs similar to mine, but that I am pretty sure were not copies, just coming from the same aesthetic.
I have personally lost lucrative commissions by refusing to make an exact copy of a designer dress. I want to be known for my own aesthetic, not as someone who copies. I am happy to take inspiration such as shaping, interesting colour combinations or necklines from designs I find. This is especially important for custom clothing commissions when the only way for most people to explain what they are looking for is to bring tear sheets from magazines off designs that the client likes.
There are such few ways to shape clothing (that people will actually wear!) and a limited number of colours. In corsetry this is specially true, as it is such a specific type of garment. I've seen people upset when someone uses their favorite colour!
Fashion works in cycles. Shapes and palettes come and go and are part of the collective consciousness. I believe this is true even within niches and subcultures.
For more thoughts on why not allowing copyrights on fashion designs is a good thing that encourages innovation watch this TED talk by Johanna Blakley:
Lessons from fashion's free culture.