In July 2016, Los Angeles-based designer and illustrator Tuesday Bassen accused Zara of selling products that copied several of her designs. Bassen, whose previous clients included Urban Outfitters and Nike, contacted the retailer and received a dismissive response: Zara argued that her work was not distinctive enough and pointed to the small number of complaints it received compared with the enormous traffic on its website. The logic provoked outrage because it appeared to measure artistic legitimacy by the volume of consumer complaints rather than by authorship or visual similarity. Once the dispute reached the media, Inditex said the contested items had been suspended from sale and that it was communicating with Bassen’s lawyer. The confrontation became emblematic of independent designers’ difficulty defending intellectual property against a multinational retailer with vastly greater legal and financial resources.
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AI concept artworkArchive Record · 2010s
Tuesday Bassen Versus Zara: The Indie Artist Who Challenged the ‘Not Distinctive Enough’ Defense
Zara and Tuesday Bassen / 2010s
In July 2016, Los Angeles-based designer and illustrator Tuesday Bassen accused Zara of selling products that copied several of her designs. Bassen, whose previous clients included Urban Outfitters and Nike, contacted the retailer and received a dismissive response: Zara argued that her work was not distinctive enough and pointed to the small number of complaints it received compared with the enormous traffic on its website. The logic provoked outrage because it appeared to measure artistic legitimacy by the volume of consumer complaints rather than by authorship or visual similarity. Once the dispute reached the media, Inditex said the contested items had been suspended from sale and that it was communicating with Bassen’s lawyer. The confrontation became emblematic of independent designers’ difficulty defending intellectual property against a multinational retailer with vastly greater legal and financial resources.
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