Woman talking to camera with sunglasses on(l+r), Woman greenscreened in front of an image of herself taking a selfie in a mirror(c)

@ericastolmandowdy/Tiktok

‘You make nothing that looks like this’: Woman says after posting a dupe, a brand got her video removed for trademark infringement

"This is lowkey scary that they can do this."

 

Tricia Crimmins

IRL

Posted on Oct 25, 2023

A woman says that after she posted a dupe of a popular Djerf Avenue pajama set, the brand had her video removed for copyright infringement.

In a TikTok posted last week, Erica Stolman Dowdy says that she posted a TikTok video about a pajama set that she bought off of Amazon, which had a likeness similar to pajama sets from Swedish fashion brand Djerf Avenue. The brand reached out to her via TikTok direct message, saying that her video was flagged by its intellectual property firm as part of a copyright case. The brand then sent her an email saying that their “aim is not to stifle creativity but rather to ensure that our brand’s integrity is maintained and that consumers receive authentic and high-quality products.”

As atonement for having her video removed, Djerf Avenue offered to send Dowdy a pajama set, as shown in an email she received from the brand. She declined.

“You are allowed to post inspired by things for cheaper price points,” Dowdy says in her TikTok. “This is not a copyright issue. You make nothing that looks like this, Djerf Avenue.”

On Wednesday, Dowdy’s video had over a million views on TikTok.

@ericastolmandowdy update: @Djerf Avenue being so messy & out of pocket in my enails rn. mistakes can be made by women business, i gave you tine to make this right but y’all just keep on diggingggg. i dont want free pajamas, i want $120 plus tax and shipping & my video back up. k thx bye!!! #djerfavenue #djerfavenuedrama #greenscreen ♬ original sound – Erica Stolman Dowdy

Djerf Avenue has been in garnering backlash for weeks after it began its copyright crusade against TikTokers who had posted dupes of its items. As reported by The Cut, Djerf Avenue posted an explanation on social media, to try and give context to its actions.

“Unfortunately, there has been a recent surge in websites selling products with our design and owned prints/artworks,” one post read. “In light of this, and to safeguard our prints and the individual print designers — we have an external intellectual property (IP) firm monitoring copyright infringements.”

The issue at hand, however, is that Djerf Avenue, which was created by Swedish fashion designer Matilda Djerf, didn’t pioneer its aesthetic—and replicating designs and creating pieces inspired by other designers is commonplace in the fashion industry.

“Copying is essential to innovation in fashion,” a professor at New York University’s law school and intellectual property expert told the Daily Dot, in a 2022 interview about copyright. “Once the copying proceeds past a certain point, people who want to separate themselves in their fashion choices from others… they move [on].”

Commenters on Dowdy’s video expressed frustration with Djerf Avenue.

“This is so bizarre to me seeing as Djerf Avenue’s entire brand is elevated basics,” one commenter wrote. “Key word BASICS.”

“This is lowkey scary that they can do this,” another wrote.

“This is why I can’t wait for my Amazon [dupes] to come in,” another commenter shared.

The Daily Dot has reached out to Dowdy and Djerf Avenue via email.

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*First Published: Oct 25, 2023, 4:20 pm CDT