Stolen Fashion: How Big-Name Brands Exploit Marginalized Communities

Image Courtesy: Strike FSU

The perils of the fashion industry are no secret. Environmental regulations, child labor laws, and public health legislation have all been passed in response to the negative toll fashion takes on our world. But what about fashion copyright laws? As of 2022, there are none. 

Stolen fashion is an issue in both the cultural and corporate sense. Culturally, styles come into the trend with a wave of appropriation. Recently, we popularized the ever-so-chic balaclava, a piece reminiscent of the hood of a jacket. Originally worn by soldiers in the Crimean War, the balaclava has now taken over social media as a trendy winter headpiece. While the balaclava is similar to the hijab in that it covers up the wearers’ hair, it is nowhere near as stigmatized. Muslim women face discrimination and hate for wearing a religiously sacred item, but if a white woman wears the balaclava, it is a statement of fashion. In the West, a Hijab is deemed oppressive while a balaclava is simply an accessory. Prominent brands like Zara and ASOS have taken up this trend, and we all eat it up without thinking about the potential history and ramifications of such a style.  

Image Courtesy: Zara  

The balaclava is by no means the first instance of insensitivity from well-known brands. In 2018, Gucci sat in the hot seat for unveiling their “Indy Turban,” a piece that retailed for $790 online and in stores. The turban is worn as a sign of Sikh faith and the principles of equality. Despite its sacred and respectful origins, the Western connotation of the turban often leads to Sikh men and women being targeted and discriminated against. Gucci found a way to profit from this religion and create a double standard—the Gucci “Indy Turban,” worn as a sign of social class and fashion, has no stigma, while the turban itself is still viewed as untrustworthy. Brands have no remorse for profiting off of what can mean a lifetime of intolerance and inequity for some.  

In addition to ripping off cultures, big brands steal ideas from small businesses. Recall that there are no copyright laws in terms of fashion design. This lack of regulation allows larger companies to reproduce the designs of small businesses on a much larger scale with a lower cost, diminishing the work of independent creators. Mariama Diallo, a Black small business owner, accused fast-fashion site Shein of stealing her dress design in June 2021 on Twitter. Her item retails for around $300 total, while Shein can sell the same dress for a fraction of the  

price. Unfortunately, there are no repercussions for such actions, and this regularly happens to small creatives. Without copyright laws, there is no way for small businesses to fight back. While it’s easy to claim that they should patent their designs or file a lawsuit, there is actually no legal action that can be taken, especially against a company that mass produces its items overseas. 

Image Courtesy: Twitter 

There is no end in sight for this exploitation, where both cheap and luxury name brands are antagonizing other cultures and businesses by stealing their textiles, designs, and symbols of faith. As consumers in a largely capitalistic world, the buyers must take responsibility for recognizing the ethical implications of buying from certain fashion brands or taking part in popularized trends. While it is not possible for some people to buy from more expensive small businesses all the time, we can all do our part in recognizing which brands create their own designs and which steal from other cultures and designers. We can also make an effort to hold unethical brands accountable- without buyers, there is no reason for name brands to produce insensitive items. Stolen fashion is inevitable, but our individual styles and purchases are not.  

Strike Out,  

Writer: Lydia Coddington 

Editor: Noelle Knowlton 

Graphic Designer: Alexandra Rivero

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