Can I Sell a Exact Replica Bikini of a Well Known Swimwear Brand

Hi

I am wanting to start selling replica bikinis of well known swimwear brands. The bikinis are EXACT replicas but DO NOT have any labels/ brand name on them. I will have my own photos shot and I am going to sell the bikinis under my own brand name.

Is it legal to do this?

No.

Why not?

Because you would be defrauding them out of their right to all profit from the design.

It's not a fraud issue, but a potential trademark or copyright violation: You have two issues: design copyright, the intellectual property rights of the creator of the clothing item in the design they created, and possible trademark or trade dress issues, to the extent that elements of the clothing item incorporate protected elements.

I disagree that it is in all cases illegal. It certainly would not constitute “defrauding” the well known swimwear manufacturer. Nor in most cases would it constitute some form of infringement. The extent of copyright and trademark protection for fashion is actually quite limited. There were bills in Congress a few years ago that would have provided considerably more protection for fashion design but but they never passed. Still, in some circumstances what you plan to do may well constitute either copyright or trademark infringement, in which case what you plan to do could end up being very expensive. Thus the details of the particular bikinis that you wish to copy are quite important and I suggest you see an intellectual property attorney to review your plans to ensure you don’t infringe at all on the rights of that well known swimwear manufacturer.