The term knock off is used very loosely and it really gets kind of irritating. If you go to O.K., Knockoffs, This Is War, you’ll see two green bags off to the left. It’s an article about knock-offs (a continuation of this). You’ll note one bag is less expensive than the other but that doesn’t mean it’s a knock off of the more expensive bag. Other than similar fabrication, they look totally different. Completely different patterns. This is not a knock off, how many people use the same fabrications? And don’t think this patterned leather is unique, not by a long shot. I have about 20 sq ft of this exact same leather in fire engine red -a grain embossed calf- that I bought over 6 years ago. I’ve never known what to make out of this leather. The bags give me an idea. I hadn’t thought of making a bag. I like the shaping of the more expensive bag so maybe I’ll “knock it off”. Just for my personal use of course.
At the most fundamental level, copying the shape (pattern) of the bag is what constitutes a knock off. Fabrication doesn’t matter and everybody confuses the difference. If you used another fabrication but copied the pattern, it’d be a knock off. It doesn’t matter whether the copy looks like the original. Fabrication copying is a separate issue entirely.
And regarding the topic of the article -proposed design protection legislation- and the political party responsible for introducing the bill to Congress, Mimi tweaks Bill :)