Do we have another knock-off on our hands? The model whose Instagram Stories attract the most attention has all eyes on her once again, and this time it's not because she’s “freeing the nipple.” Emily Ratajkowski is being accused of copying two swimsuit designs of her just-launched Inamorata swimwear collection.
According to designer Lisa Marie Fernandez, the model copied her Triple Poppy maillot and her off-the-shoulder Leandra bikini top, now rechristened as a “Cardiff” swimsuit “Vulcan” top, respectively. Fernandez sent a cease-and-desist letter to the model, saying that she’s had those styles on offer for the past three years. According to Business of Fashion, in the United States, you can’t copyright protect “physically functional items, including clothing,” but because Ratajkowski’s line ships internationally, Fernandez was able to invoke two European Union Community Design Registration certificates that she registered in May 2015, which grant her a monopoly on the designs in the EU until 2020.
In an official statement, the brand says “Lisa Marie Fernandez will continue to seek legal action against other brands that continue to blatantly plagiarize her registered and known designs. It is factually inaccurate for Ms. Ratajkowski to claim these designs as her own. Ms. Fernandez believes that it is the responsibility of all brands to protect their original designs.”
While the model hasn’t commented publicly on the allegations, last week on Instagram, Ratajkowski’s swimwear line shared a vintage photo of a model in a leopard print bathing suit, writing “Pinterested this photo over 2 years ago and made a sample of it over a year ago. We all tap into vintage inspirations,” speaking to her design process.
We’ve reached out to Emily Ratajkowski and will update this post if/when we hear back.