Port Elizabeth born fashion designer Laduma Ngxokolo, prominently known for his MaXhosa by Laduma brand is taking legal action against international fashion retailer Zara after they ‘copied’ a design.
Thebe Ikalafeng slams ZARA for ‘shamelessly copying’ MAXHOSA designs — https://t.co/7AEmCBazVj pic.twitter.com/10SHtnJQN3
— YoMZansi (@yoMzansi) April 23, 2018
Read the MaXhosa by Laduma press release:
MAXHOSA COPYRIGHT INFRINGEMENT BY ZARA: PRESS RELEASE
24th April 2018
Earlier this month (April 2018), we were alerted by our patrons, that ZARA (INDUSTRIA DE DISEÑO TEXTILE, S.A. (INDITEX S.A. Pty Ltd) company has copied one of our signature patterns. These patterns were appropriated & reproduced in as part of their sock range which they shared as new in their best-sellers on their online store. Their sock range resembles our Khanyisa Cardigan which was launch in March 2014 at the Mercedes-Benz Fashion Week Joburg. The cardigan is still available on our online store and has been on runways globally, the piece is still one of our best sellers.
The socks have been spotted at ZARA outlets in UK, New York and here at home South Africa at ZARA Sandton.
We consulted with Shane Moore and Muhammad Patel from Moore Attorneys, one of Africa’s leading IP law firms who are handling the matter on our behalf. They have since sent a letter to the parent company alerting them of the copyright infringement and our demands. We have taken such steps so as to avoid our works being appropriated and adapted without our consent or permission. Copyright infringement is a matter that we take seriously and fully aware of our intellectual property rights. We would like to thank the clients who have silently sent us proof of such infringements as they allowed us means to act. The debate as to whether we shall win the case or not remains, we stand by our decision to fight such a case. Thus, we have sent our letter of demand and we await their reply.
Laduma Ngxokolo who is the creative director of MAXHOSA BY LADUMA has decide to personally cease from using the ZARA items:
"I do have a few ZARA items that I have bought in the past, I know their business model very well. They are not a copy and paste, they take ideas from the runway and these are prominent ideas, they modify or change them, and put them in the stores. As not every item in their store is a low - quality fabric item, they do have good quality fabric products in their store. Some of these I have purchased as a normal consumer. I do feel that in this regards because of the disrespect they have shown and the lack of respect for artistic integrity. They did not respect me as an artist who create the design, they even copying not modifying the design. The lack of respect for African and Southern African designers. Not respecting the culture, as well as the continent of Africa. I will be returning all the products I have bought from them before, this is followed by my family and friends. We make a statement that they have crossed the boundaries now, simple."
In asking what he would require his followers to do he stated; “I think that it is the peoples’ choice as to what they would want to do, as a form of support. I do think my ultimate form of support is that our loyal clients to continue to support and share what we stand for to others. It is up to them whether they will continue to buy form ZARA or not, but as normal consumer, not as MAXHOSA not as Laduma, I have taken choice to discontinue putting my money up to support them and raising their revenue.”
This case raises the questions around Intellectual Property protection and generic brand trademarks, Laduma states: "For people to know much about the IP protection in the creative business, yes, there are generic motifs within the design space. But artists think differently, millions of artists have different things out there. They have the right to put generic things together in the one form, that is a unique form that no other artist can reproduce and thus can copyright such material."
MAXHOSA BY LADUMA - Communications Team
press@maxhosa.co.za
Proudly South African also issued a statement:
Proudly South African's statement on the replication by @ZARA of the work of local designer, @LadumaNgxokolo, @MaXhosaByL pic.twitter.com/96CWsCnd0G
— Proudly South African (@ProudlySA) April 24, 2018
