As designers move from brand to brand with growing frequency, so does an industry “rule” that is as false as it is prevalent. While it is common practice for designers to look to a variety of sources for “inspiration,” the line between legal inspiration and illegal infringement is thin and not a straight-forward formula. The reference to “inspiration” is common in, for example, developing fabric designs, ornamentation, marketing materials, promotional campaigns and product configurations. Whether dressed up as the “Three Change Rule,” the “Five Change Rule” or the “20% Rule,” there simply is no “rule,” and any designer who relies on the common misconception that making a set number of changes will circumvent infringement puts their business at risk.
The consequences of potential lawsuits include the risk of business disruption and responsibility for disgorging profits or paying damages, and negative public perception in our increasingly social media-oriented world. Not only will the purchasing public recognize studied changes to another’s property, but judicial tribunals will not dispose of infringement claims by counting the number of changes made to the underlying “inspiration.”
What Are the Proper Legal Standards?
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