Why Owning a Patent Does Not Stop Fashion Copycats
Ho challenges the assumption that obtaining a design patent automatically protects a creator. Rights holders must identify infringements, submit takedown forms, and fund legal action themselves, while sellers can repeatedly upload new listings across marketplaces and major retailers.
- Patent approval does not include government enforcement.
- Enforcement expenses favor companies with larger legal budgets.
- Ho found 233 Pirouette Skort listings on TikTok Shop in one week.
- Her company employs a person full-time to file takedown requests.
- Similar products spread from online marketplaces into major US retailers.
“Because what people never talk about is that, okay, you pay thousands of dollars to the government to get this patent, but when you have…”
“Just last week alone, last week alone on TikTok shop, there were 233 separate listings of the pirouette scored alone on TikTok shop.”