Susan Scafidi was quoted in a Bloomberg BNA article about Tipsy Elves, a maker of ugly sweaters, suing large retailers for allegedly copying their designs.
Tipsy Elves should have an easier time than the company in the cheerleader case persuading a court that its designs are separate from the functional aspect of the clothes themselves, Susan Scafidi, a fashion law professor at Fordham University told Bloomberg BNA.
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Scafidi said that a small startup like Tipsy Elves should be prepared for this kind of problem.
“Tipsy Elves is maybe a small company, but they are a wildly creative and amusing one and that kind of humor tends to draw attention,” she said.
But, she said, being the little guy isn’t always such a big disadvantage these days.
“Being small gives you a legal disadvantage simply from a financial perspective, but it gives you a social media advantage because there is sympathy toward the little guy that gets bitten by the large corporation,” Scafidi said.
