Knockouts vs. Knockoffs: Thoughts?

Ahhhh, knockoffs.  Where would we be without them?  Hard to say.  Take for instance the outstanding (albeit odd) Balenciaga hoof bootie from 2006 with its monster platform (released in various heights), back seam, two-tone leather and suede, and removable harness.  It’s no wonder they were in the thousand-dollar price range, and no wonder Sam Edelman took the liberty of replicating them in the ‘Zoe’ boot circa 2007 (sold exclusively at Victoria’s Secret, of all places).  The knockoffs sold out quickly, and became almost as coveted as the originals – to the point that Sam Edelman brought them back (at double the price – $345) in the summer of 2009, at which point I snapped them up.  These days they’re still circling the web at a reduced price, and going just as strong as ever – and there are even more similar (though cheaper and lower quality) Balenciaga knockoffs kicking around.  And I suppose they all do the trick.  Without them, we’d still be pining for costly Balenciagas, forced to wear non-hoof boots.  Tragic (she says only half-sarcastically).

I wanted to talk about this because it seems to be more of an issue now than ever.  In 2009, Alexander McQueen (rest his soul) sued Steve Madden for replicating his ever-popular ‘Faithful’ bootie.  Of course, McQueen is not the only victim.  Designer shoes are being ripped off all the time, and not just by Steve Madden.  These days, Jeffrey Campbell is a brand that gets major cred for ripping off designer shoes (at prices in the $100-$300 price range – lucky them).  One victim is this coveted buckle wedge by Chloe Sevigny for Opening Ceremony (yet another that was also ripped off by Steve Madden recently, I might add, in the ‘Reana’ boot – you’d think maybe they learned their lesson, but no):

…not to mention the Jeffrey Campbell ‘Potion’ (below), which actually came long before the ‘Genius’ and was first considered an Opening Ceremony knockoff years back, when everyone and their dog owned a pair.  It may stray enough from the original design (the buckles are quite different) to be considered ‘inspired by’, rather than a blatant rip-off – but the ridiculous (and I admit, humorous) thing about this is that the problem has become so bad that we are now getting knockoffs of knockoffs, as witnessed by Aldo‘s ‘Daskal’ wedge, and the Dollhouse ‘Alley’ boot, which is a direct copy of Jeffrey Campbell’s ‘Potion’, with any uniqueness it might have attained:

Clearly, the problem of knockoffs extends far beyond one retailer per shoe – I’ve seen several replicas of Alexander McQueen’s ‘Faithful’ bootie, for example, in even cheaper incarnations from very low-end brands (like Dollhouse and others) who also seem to make a killing with these ‘designer-inspired’ shoes, selling knockoffs like candy for as low as $20 a pop.  Usually, when the price point drops for a pair of shoes, quality and comfort are sacrificed (there’s a reason designer shoes often retail in the $1,000+ range).  But for some, cheaper materials and a little discomfort come at a price much less painful.

I own several pairs of knockoff shoes. I’m in the camp that can’t usually afford high-end designer shoes unless the prices are slashed.  I do prefer to spend more on higher quality shoes when possible, and I often do.  But at this point in my life, I won’t pay more than $400 tops for a single pair of shoes, no matter how much I love them – and even then, they have to be pretty damn special (and I can’t just do it anytime I feel like it).

However, some consumers whose moral fiber (and in some cases, wallets) are stronger than their desires, are pissed that companies like Jeffrey Campbell are getting away with this.  But it begs the question: can you copyright a shoe?  And if so, when does ‘inspiration’ become plagiarism? As it turns out, U.S. law (I can’t speak for other countries) doesn’t really protect clothing design against copying.  There are some potential workarounds with trade dress claims, but it seems quite complicated.  And of course, design inspiration (rather than blatant copying) is what drives the fashion industry – meaning, it’s actually good for business (for everyone).  This is called The Piracy Paradox.

One argument I’ve heard is that knockoffs don’t hurt designers because the knockoff will always be tied to the original – and that it’s simply more good publicity.  I agree and disagree, because however true that may be for people in the know, there will always be way too many people buying low-end knockoffs without realizing they’re doing it – without even an inkling of where these designs trickled down from.  And I have to admit, though I’m fairly up-to-date on all the latest, most coveted designer shoe trends, there will always be knockoff versions of shoes I’ve never even heard of popping up.  A good example is the Jeffrey Campbell ‘Madness’ (below), which is a blatant rip-off of these Akiko Ogawa boots (which, gorgeous as they may be in their original glory, seem less well-known in this country than Campbell’s mirrored version – which has formed several outrageously popular incarnations besides the ‘Madness’, including the X Ray, the Clinic (I own these last two), the Solestruck, and several non-mirrored versions of the same style heel – too many to name):

I’ll say right now that I’m not going to stop buying knockoffs.  I feel privileged to have access to designs I couldn’t otherwise afford.  But as a creative writer, I also get the importance of copyright/intellectual property.  No one wants their work or ideas to be stolen (intentionally or unintentionally), just as an artist or photographer prays that their images won’t be used unscrupulously (something that, sadly, is all too common on the web).  It’s important to give credit where credit is due, if only for moral reasons, and this is something I do whenever possible – something I want to be even more clear about in the future (in terms of image use, and otherwise).  I would implore you all (including ‘designer-inspired’ shoe retailers, stockists, and copycats) to do the same.

I think it comes down to what we know. I know where my shoes come from.  I know if they’re designer-inspired, or replicas.  I’m thankful to attain such style at a lower price point, but I’m even more thankful that high-end designers are putting in all this inspiring work, and I never forget where that inspiration comes from.  Just like with borrowed images or text, I’m going to make more of an effort to attribute the original source of my shoes – in person, and especially in writing.  I’m thankful for those who can spend their money on original designer shoes – and for those of us who can’t, it’s important we remember just how privileged we are; that we praise and promote the right people.

Thankfully, some knockoffs just don’t do it for me.  Give me ACNE over these (er, IMO, kind of ugly) copies any day; hopefully that day will come when I can pay for the real deal.

What are your thoughts on knockoffs?