"Inspired by" settings

[risingsun]

I'm not sure what to think about this. I was on the Excel website and noticed that they are describing some of their settings as "inspired by Tiffany, Hearts on Fire and Scott Kay." The "inspired by" appears to be part of the name of the setting. I don't think I have seen any other vendor describe their semimounts this way, perhaps, with the exception, of using "Tiffany style" to describe a ring. Does anyone have thoughts on this practice?

 

[risingsun]

I am bumping this to see if there is any interest in a discussion. If not, it can die a second, lonely death

We have a vendor who clearly states that they are using other designers'' work for "inspiration" and making it for "a fraction of the price." I know that vendors make "inspired by" rings, but to use the original designer''s name to market the product, IMO, seems too cross a line. I certainly could be wrong--it wouldn''t be the first time--but is this ethical?

 

[Upgradable]

I am fully behind creating a budget friendly "inspired by" setting for those who want a similar look within their means, but I agree with you in that using the original high end desginer in the name is questionable. I think using that in the description of the setting would be acceptable, but I''m not a fan of using it in the name.

 

[bostonkiddo]

I''ve got an "inspired by tiffany" six prong classic solitaire from Excel, and it is gorgeous and completely channels the beautiful lines of the original, but it would be impossible to pass off as a T&C ring (not that I would want it to - I just like the design). It is clearly marked and does not have the classic Tiffany engraving on the inside. I think, ethically, it is a lot like honest diamond sims - if you take them for what they are (pretty, shiny rocks) instead of as a fake diamonds, they are not ethically problematic.

Excel is pretty good about clearly labeling their product, so you can''t try and pass it off as something it is not.

 

[risingsun]

Date: 2/7/2010 11:01:38 AM
Author: Upgradable
I am fully behind creating a budget friendly 'inspired by' setting for those who want a similar look within their means, but I agree with you in that using the original high end desginer in the name is questionable. I think using that in the description of the setting would be acceptable, but I'm not a fan of using it in the name.

I am not opposed to "inspired by" settings, either. I don't know how a vendor can just use another designer's name in that manner. What if I started my own handbag company and I marketed a bag as "inspired by Hermes."

 

[elle_chris]

I dunno, to me it''s the same. Whether they use "tiffany style" or "inspired by (fill in the blank)", they''re still saying the same thing. I don''t see the difference.

If you started your own company and used "inspired by Hermes" I wouldn''t even think twice.

 

[tyty333]

I saw that yesterday too and was surprised by it. Initally I question whether it was legal but assmed Excel had it all approved by
their lawyers. Also have to agree with elle though it sort of sounds like they are both saying the same thing. Maybe if the "inspired
by" part wasnt part of the name and just part of the description it wouldn''t seem as bad to me.

 

[Laila619]

Doesn''t bother me a bit. When you think about it, pretty much everything in life is ''inspired by'' something else.

 

[risingsun]

Date: 2/7/2010 11:44:12 AM
Author: elle_chris
I dunno, to me it's the same. Whether they use 'tiffany style' or 'inspired by (fill in the blank)', they're still saying the same thing. I don't see the difference.

If you started your own company and used 'inspired by Hermes' I wouldn't even think twice.

Can I interest you in a nice handbag then

In one case, they are using the designer's name as part of the description of the piece, in the other it is using the designer's name as part of the branding of the piece. It seems different to me. Clearly, I am the only one here with an issue, so I'll let myself out quietly now....

 

[lulu]

Just don''t buy " inspired by Bob".

 

[elle_chris]

Date: 2/7/2010 6:14:33 PM
Author: risingsun

Date: 2/7/2010 11:44:12 AM
Author: elle_chris
I dunno, to me it''s the same. Whether they use ''tiffany style'' or ''inspired by (fill in the blank)'', they''re still saying the same thing. I don''t see the difference.

If you started your own company and used ''inspired by Hermes'' I wouldn''t even think twice.

Can I interest you in a nice handbag then

In one case, they are using the designer''s name as part of the description of the piece, in the other it is using the designer''s name as part of the branding of the piece. It seems different to me. Clearly, I am the only one here with an issue, so I''ll let myself out quietly now....

Are you selling?

But seriously, WF uses "6 prong Tiffany Style" in the name of one of their solitares too. It''s not just called 6 Prong, they put "Tiffany" in the name.
I think it''s all semantics.

Lulu- I really "lol''d on that one.

 

[risingsun]

Date: 2/7/2010 7:10:27 PM
Author: elle_chris

Date: 2/7/2010 6:14:33 PM
Author: risingsun

Date: 2/7/2010 11:44:12 AM
Author: elle_chris
I dunno, to me it's the same. Whether they use 'tiffany style' or 'inspired by (fill in the blank)', they're still saying the same thing. I don't see the difference.

If you started your own company and used 'inspired by Hermes' I wouldn't even think twice.

Can I interest you in a nice handbag then

In one case, they are using the designer's name as part of the description of the piece, in the other it is using the designer's name as part of the branding of the piece. It seems different to me. Clearly, I am the only one here with an issue, so I'll let myself out quietly now....

Are you selling?

But seriously, WF uses '6 prong Tiffany Style' in the name of one of their solitares too. It's not just called 6 Prong, they put 'Tiffany' in the name.
I think it's all semantics.

Lulu- I really 'lol'd on that one.

I'll be the lady in the extra large raincoat standing on the corner

Can I interest you in an "inspired by Rolex," too

I still don't think it's kosher, but maybe I should take that up with my rabbi. I'll see myself out, again....

 

[Cehrabehra]

makes me think of those body sprays that are also "inspired" by Eternity or Georgio... Those typically have other names like Affinity and Georgie Girl or something - I am making stuff up - but if they don''t trademark it or make it an official name it is about the same thing as the perfume rip offs - which have been around for 20 years or more.

 

[PinkTower]

It does not bother me. When you think about it, department clothes are inspired by couture, and the design has just trickled down until it reached the masses. In magazines, there are articles showing how to get the designer look for less with the knock off apparel side by side with the original. Most of us are probably not even aware when we buy the "inspired by" items of clothing. The fact that a jeweler goes ahead and labels the original saves me the trouble of remembering which designer was the original designer.

 

[WinkHPD]

Date: 2/7/2010 11:25:37 AM
Author: risingsun

Date: 2/7/2010 11:01:38 AM
Author: Upgradable
I am fully behind creating a budget friendly ''inspired by'' setting for those who want a similar look within their means, but I agree with you in that using the original high end desginer in the name is questionable. I think using that in the description of the setting would be acceptable, but I''m not a fan of using it in the name.

I am not opposed to ''inspired by'' settings, either. I don''t know how a vendor can just use another designer''s name in that manner. What if I started my own handbag company and I marketed a bag as ''inspired by Hermes.''

If you did, you could be sure to be visited by the attack attorneys of Hermes.

Wink

 

[junebug17]

Rising Sun, I see your point...I went on the Excel site and not only does it say Inspired by Tiffany, in the description it says it looks exactly like the original. Why are knock-off handbags so looked down upon, but it''s ok for jewelry? Aren''t these "inspired by" rings essentially knock-offs? I''m confused as to why the police raid the flea-markets in my state and confiscate the knock-off handbags, but it''s ok to sell a ring specifically made to look like a designer ring, and advertised as such. I''m not debating whether knock-offs are good or bad, I''m just wondering why it seems so taboo with handbags, but acceptable for jewelry. I don''t know, it just doesn''t seem right on some level. If I was a designer, I don''t think I''d be too thrilled if another company was making money off the use of my name and design. As some have pointed out, it must not be illegal since the company is allowed to do it. I''m just genuinely curious.

 

[risingsun]

Date: 2/8/2010 9:21:35 AM
Author: Wink

Date: 2/7/2010 11:25:37 AM
Author: risingsun

Date: 2/7/2010 11:01:38 AM
Author: Upgradable
I am fully behind creating a budget friendly 'inspired by' setting for those who want a similar look within their means, but I agree with you in that using the original high end desginer in the name is questionable. I think using that in the description of the setting would be acceptable, but I'm not a fan of using it in the name.

I am not opposed to 'inspired by' settings, either. I don't know how a vendor can just use another designer's name in that manner. What if I started my own handbag company and I marketed a bag as 'inspired by Hermes.'

If you did, you could be sure to be visited by the attack attorneys of Hermes.

Wink

I would think so, too

That's why I don't understand how it is legitimate to market/brand these settings this way. So, Wink, you are my rabbi now, nu

 

[risingsun]

Date: 2/8/2010 10:24:37 AM
Author: junebug17
Rising Sun, I see your point...I went on the Excel site and not only does it say Inspired by Tiffany, in the description it says it looks exactly like the original. Why are knock-off handbags so looked down upon, but it's ok for jewelry? Aren't these 'inspired by' rings essentially knock-offs? I'm confused as to why the police raid the flea-markets in my state and confiscate the knock-off handbags, but it's ok to sell a ring specifically made to look like a designer ring, and advertised as such. I'm not debating whether knock-offs are good or bad, I'm just wondering why it seems so taboo with handbags, but acceptable for jewelry. I don't know, it just doesn't seem right on some level. If I was a designer, I don't think I'd be too thrilled if another company was making money off the use of my name and design. As some have pointed out, it must not be illegal since the company is allowed to do it. I'm just genuinely curious.

This is exactly my point! In an "inspired by" piece, a certain percentage of that piece must be different than the original. I don't know the figures on that. I do think that there is a difference among inspired, replica and knockoff. Surely, designers own the rights to their own names.

 

[junebug17]

Date: 2/8/2010 11:14:58 AM
Author: risingsun

Date: 2/8/2010 10:24:37 AM

Author: junebug17

This is exactly my point! In an 'inspired by' piece, a certain percentage of that piece must be different than the original. I don't know the figures on that. I do think that there is a difference among inspired, replica and knockoff. Surely, designers own the rights to their own names.

Rising Sun, thanks for your response! You and I seem to be on the same page. I too have always thought "inspired by" means there are elements of the original design, but others are changed so that the piece is not an exact replica of the original. The imitation designer bags carry the brand logo (ie Coach). Obviously, the rings sold by Excel don't carry the Tiffany stamp, so maybe that's what makes one illegal and the other not? I don't know, are these handbags actually illegal to begin with, or does it vary by state perhaps?

As you can tell, I find this whole topic of copyright very interesting! I guess I should research the topic more so I can offer more informed opinions. It seems like a complicated issue. But, even if there's nothing illegal with the practice, there still seems to be something...well, wrong with advertising a ring as being exactly like the original.

Sorry my post is included in the quote. I'm on a mac and I don't know what I'm doing

 

[4ever]

At least they are giving credit to the original work/designer.

If I were the original designer, given that the ring advertised is obviously different to my design, I would be happy that the company had directly recognised that this design is not completly their own and giving credit where it is due up frount rather than in a little side comment.

 

[WinkHPD]

Date: 2/8/2010 11:08:53 AM
Author: risingsun

Date: 2/8/2010 9:21:35 AM
Author: Wink

Date: 2/7/2010 11:25:37 AM
Author: risingsun

Date: 2/7/2010 11:01:38 AM
Author: Upgradable
I am fully behind creating a budget friendly ''inspired by'' setting for those who want a similar look within their means, but I agree with you in that using the original high end desginer in the name is questionable. I think using that in the description of the setting would be acceptable, but I''m not a fan of using it in the name.

I am not opposed to ''inspired by'' settings, either. I don''t know how a vendor can just use another designer''s name in that manner. What if I started my own handbag company and I marketed a bag as ''inspired by Hermes.''

If you did, you could be sure to be visited by the attack attorneys of Hermes.

Wink

I would think so, too

That''s why I don''t understand how it is legitimate to market/brand these settings this way. So, Wink, you are my rabbi now, nu

Well, I have had clients think I was Jewish, Christian, and Bhuddist, so why not a Rabbi too.

Hmmm, something about years and years of training might have something to do with it.

Oh well, perhaps I could be an inspired by a real rabbi rabbi???

Wink

 

[risingsun]

Date: 2/8/2010 5:08:12 PM
Author: Wink

Date: 2/8/2010 11:08:53 AM
Author: risingsun

Date: 2/8/2010 9:21:35 AM
Author: Wink

Date: 2/7/2010 11:25:37 AM
Author: risingsun

Date: 2/7/2010 11:01:38 AM
Author: Upgradable
I am fully behind creating a budget friendly 'inspired by' setting for those who want a similar look within their means, but I agree with you in that using the original high end desginer in the name is questionable. I think using that in the description of the setting would be acceptable, but I'm not a fan of using it in the name.

I am not opposed to 'inspired by' settings, either. I don't know how a vendor can just use another designer's name in that manner. What if I started my own handbag company and I marketed a bag as 'inspired by Hermes.'

If you did, you could be sure to be visited by the attack attorneys of Hermes.

Wink

I would think so, too

That's why I don't understand how it is legitimate to market/brand these settings this way. So, Wink, you are my rabbi now, nu

Well, I have had clients think I was Jewish, Christian, and Bhuddist, so why not a Rabbi too.

Hmmm, something about years and years of training might have something to do with it.

Oh well, perhaps I could be an inspired by a real rabbi rabbi???

Wink

We must ponder this, Wink. You are a wise and fair-minded man, whom I have come to in the past for sound advice. It may qualify you to be my rabbi with a small "r"