Flattery or Plain Old Copy Cat? McQueen Label May Sue Cadbury for Infringment
It seems Alexander McQueen’s creative partner on his now infamous 2006 runway show, Baillie Walsh, has taken ideas used for that event and reworked them as central images in a current Cadbury ad campaign. The image in particular that has caused talk of legal action on behalf of the Gucci Group, who owns the Alexander McQueen brand, is that of a blonde woman in a flowing dress. For them the interpretation is too close for comfort to a hologram of Kate Moss which was shown during the aforementioned show in 2006.
At top, an image from the Cadbury commercial, at bottom, an image from Alexander McQueen's FW2006 show
In a recent ad for the chocolate company’s Flake candy bar, the woman’s layered, ruffled dress is shown blowing in the wind and eventually turning into the layers of the candy bar. A spokesperson for the company acknowledged, “we were aware of Baillie’s work with Alexander McQueen and others when we commissioned him to reflect the delicacy and fragility of the folds in the Flake bar. We felt Baillie’s unique house style was exactly what we were looking for.” {Stylelist}
While the approach seems similar, the end product is by no means identical. Beyond that, it seems overreaching on the part of the Gucci Group to try to claim ownership of an artistic style – particularly when it’s being used in a different industry to represent a completely different product. We understand the fight against counterfeiters, but this seems to go entirely too far.
Most things in fashion are inspired by previous designs and outside influences. And for many of the people who contribute to the fashion ecosystem, lending creative expertise or services isn’t done for large amounts of money, but for recognition to appeal to larger companies and advertisers who will be able to reward their creative contributions financially. While Walsh may have gained more recognition for his work with McQueen, it seems massively unfair to restrict him from modifying his ideas or techniques for anyone else. Not to mention, the risk of someone confusing the Cadbury commercial with anything representing McQueen seems highly unlikely.
Either way, The Gucci Group does plan to take legal action in the matter. How far should copyrights on creativity extend?
