Von Tommy’s response was swift. She fired the staff member accused of lifting the Mercy design and immediately initiated negotiations with the Canadian designers. “Everyone wanted this to settle quickly,” Halchuk said.
“I am devastated,” von Tommy told Fordham University law professor Susan Scafidi, who operates Counterfeit Chic, “but this can be a lesson for everyone.”
“I will do what is necessary to do, and if indeed there was an infringement, I will compensate and will use this example to make sure this doesn’t happen again – not just for me, but for everybody,” the 62-year-old designer continued.
Last month, the remarkable similarity between the two jackets was revealed by Toronto journalist Nathalie Atkinson. The story was quickly picked up by bloggers including fashion copycat watchdog Counterfeit Chic.
It was beyond coincidence. Both had the same seamed sash with floppy asymmetrical bow, same loose sleeves with elastic hem, same quirky darts at the elbow and same drawstring in the back lining. Even the floral fabric was similar.
That’s when the chintz hit the fan.