Not Made in Maine

Oct 01, 2007 @ 3:25pm

This isn't exactly a copyright infringement situation, but what's up with designers copying mass market stuff?

For example, you have to love the L.L. Bean "Mom" tote. OK, it's not officially called the "Mom" tote, but you know what we're talking about - the canvas haul-all with the double handles and optional monogram?

This is the problem - we LOVE this "Oversized Campus Shoulder Tote" from the fall 3.1 Philip Lim accessories line. It's a linen/cotton blend with black leather. And it costs $593.

But we all know that the LL Bean tote came first! According to the website, it's "the toughest tote since 1944." Even the extra-large version of the bag (" Still made by us here in Maine from practically indestructible 24 oz. cotton canvas") is only $37.

We know L.L.Bean hasn't taken home a CFDA award in recent memory, but how do you justify buying the Phillip Lim's L.L. Bean knock-off for an extra $556?

--ALISON COOL

beanie bag.jpg

posted by Chels

Oct 01, 2007 3:47PM

That is a "Mom" tote in my family. It's like a right of passage. You don't get one until you're a mom and you're not a mom until you get one.

posted by MH

Oct 01, 2007 4:44PM

I think you're quite wrong to make the argument that copying "mass-market" designs isn't copyright infringment: the bigger the brand being copied, the more vehemently they protect their image (see: McDonalds, Disney, etc.). Copyright infringement applies to any copy, not just copies that are perceived as being cheaper or less exclusive. There's enough different about this bag that in this particular case there's no issue, but copying an iconic tote like that? If L.L. Bean ever felt like making a case about a close copy, they definitely could.

posted by Mlana

Oct 01, 2007 6:34PM

It does look like the Bean. The Bean tote cannot be slung over the shoulder easily, though, but it would be hard to pay the Lim price just to get a shoulder strap and a bit more refined styling. LL Bean might want to call up Lim, though, from its lawyers' offices.

posted by lily

Oct 01, 2007 7:59PM

Umm, perhaps you are asking the wrong question.

Rather than wondering how you can justify paying $593 for this bag, shouldn't you be asking about your hypocritical stance on copy vs knock-off?

Hmmm?

posted by Alison Cool

Oct 02, 2007 10:10AM

The reason I think it's not exactly a "copyright infringement" is because the Lim tote is not a precise replica of the Bean tote, but it is obviously inspired by the classic design. It's not because I'm under the impression that "big designers" can't copy from "lowly retail chains."

I just think it's interesting how design influences move in both directions, that's all.

posted by francoise

Oct 02, 2007 11:23AM

PS...in the united states, fashion isn't copyright protected...(yet - there is a movement to get protection) - the only protectible components of fashion/accessories items are a print (like a DVF print for example) or a trademark (the LV on an LV bag). The design is not protectible. Even if lim's bag were an EXACT copy, as long as it didn't incorporate the LL Bean logo, LL Bean wouldn't have a case. Please note, this is different in Europe

Signed,

Girl who got an A in her copyright class

posted by Alison Cool

Oct 02, 2007 11:31AM

Yes - there was an article about fashion copyright in the US in last week's New Yorker:

http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki

posted by ER

Oct 02, 2007 1:18PM

LL Bean's boat and tote inspired (and then sponsored) my graduate collection from the Royal College of Art in 2006:

http://www.catwalking.com/GRADUATES/2006/BA_shows/shows/RCA/shows/07-Reeds/index.html

A few months ago there was an article in the NYT about how the men's fashion director at Saks has his custom made by LLBean. And, last summer, APC had a nice little one with a grainy cow instead of the black canvas.

posted by Sempre Libera

Oct 02, 2007 1:21PM

"how do you justify buying the Phillip Lim's L.L. Bean knock-off for an extra $556?"

Um, you don't. Seriously - when the original is of high quality and virtually identical, then how label-obsessed have we become to even consider buying the more expensive one?

posted by Rebecca

Oct 02, 2007 1:46PM

re: Posted by: Mlana: that the Bean cannot be slung over the shoulder:
a few years back Bean started making different strap lengths available, for ease in shoulder slinging.

posted by Mally

Oct 02, 2007 4:16PM

I guess you can't justify it, when the canvas bag is so well made already. I'd much rather have the L.L. Bean bag. Plus, season to season, they change colors, for those of us who love that sort of thing.

posted by Geneva

Oct 02, 2007 5:43PM

I actually prefer the Bean one. Cheaper, so I can take it to the beach and not worry about it getting totally screwed up.

posted by Geneva

Oct 02, 2007 5:43PM

Plus, I think the Bean one is so uncool it's cool.