The Art of Inspiration or the Shadow of Plagiarism? The dUCk Scarves Dilemma
WHAT HAPPENED?😯
In April
2020, Vivy Yusof's brand, dUCk Scarves, faced accusations of plagiarism
regarding its "Artsy dUCk" collection. The local designer and brand,
Nia Atasha, also known as Sleepyllama (of Sleepy Studio), along with the
modest-wear brand Soonaru, claimed that the new dUCk Scarves collection bore a
striking resemblance to their 2018 collaboration.
Nia Atasha
took to social media to express her disappointment, highlighting the
similarities in the designs and even the concept of the campaign photoshoot,
which was set in an art studio. She shared side-by-side comparisons of her
designs with dUCk's new collection, pointing out what she considered to be
uncanny resemblances.
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| Sleepyllama on Instagram story bringing up the allegation against Vivy Yusof’s new dUCk release. |
Vivy Yusof
responded to the allegations on her Instagram, denying any plagiarism. She
stated that the print for the "Artsy dUCk" collection was developed
in June 2018, predating the December 2018 release of the Sleepyllama x Soonaru
collection. Regarding the art studio theme for the campaign, she suggested it
was a common concept and that dUCk was unfairly targeted.
 |
| Vivy Yusof’s statement on the plagiarism allegations. |
Nia Atasha
rebutted Vivy's claims by providing evidence of discussions about her design
with Soonaru dating back to May 2018, earlier than dUCk's claimed design
development date. She also expressed her feeling of helplessness as a smaller
designer against a larger brand like dUCk.
 |
| Sleepyllama’s proof on the early discussions regarding her collaboration with Soonaru. |
The issue gained significant traction on social media, with many netizens expressing their opinions. Some sided with Sleepyllama and Soonaru, criticizing dUCk for the alleged similarities, while others defended Vivy Yusof and her brand.
Adding to
the controversy, a Malaysian artist, Izat Arif, created an artwork parodying
the plagiarism allegations against Vivy Yusof. He posted this image on his
Instagram, which led to a warning from Vivy's lawyer requesting its removal due
to the unauthorized use of her image. This incident further fueled the online
discussion about creative freedom and censorship.
 |
| Izat Arif's parody artwork criticizing Vivy Yusof. |
The
Sleepyllama x Soonaru collaboration was reportedly still being sold on
FashionValet, a platform co-founded by Vivy Yusof, at the time the plagiarism
allegations against "Artsy dUCk" surfaced.
This was not the first time Vivy Yusof and
dUCk Scarves had faced plagiarism accusations. In 2019, another local brand,
Ilham Echenta, had accused dUCk of copying its turban designs. These repeated
accusations have led to discussions about intellectual property rights and the
line between inspiration and plagiarism in the Malaysian fashion industry.
KEY TAKEAWAYS 🔑
From a
copyright law perspective, the Sleepyllama x Soonaru plagiarism issue against
dUCk Scarves highlights several key points relevant to the fashion industry:
- · Fashion is an industry heavily
influenced by trends and inspiration. It can be challenging to legally
distinguish between legitimate inspiration drawn from existing designs and
outright copying that constitutes infringement.
- · Generally, copyright law protects
original artistic works, such as drawings, patterns, and prints applied to
fabric. In Malaysia, as in many jurisdictions, copyright does not
typically extend to the overall design or shape of clothing or functional
fashion items like scarves in their basic form. These are often seen as
utilitarian items.
- · This case underscores the importance for designers to meticulously document their design process, including creation dates and sources of inspiration. This can be crucial evidence in case of a dispute.
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