One of Brooklyn’s hottest designers is taking the Gap to court for ripping off her handiwork.
Boerum Hill jeweler Kate Cusack has filed papers charging the San Francisco–based denim behemoth with copying her idea for a “zipper pin” in a line of makeup cases adorned with shiny silver zippers that are cut and sewn in the shape of flower blossoms.
“[Gap] has sold … handbags featuring a sculpture in the form of [Cusack’s] well-known and widely recognized … sculpture,” the complaint said.
Cusack filed the lawsuit in federal court, soon after the every-mall fashion chain came out with the line of $29.99 clutches.
While the bags have been marked down to nearly half-price in Brooklyn Gap locations, the copyright infringement suit could cost the mega-chain hundreds of thousands in damages.
Indeed, Cusack is calling for Gap to “recall” all the copycat designs and reimburse her for damages “in excess of $300,000.”
A spokeswoman for the $16-billion company declined to comment on the pending case. And Cusack also declined to talk about the case (though she did plug her newer line of $70 handmade pins).
“I have moved onto making necklaces and other jewelry with [zipper teeth],” she said, estimating that she has sold 1,000 of the pins since rolling them out several years ago.
Cases like Cusack’s are relatively rare in the world of fashion, a copycatting realm where success is measured by how many knock-offs a design can inspire before landing in the discount bins.
“[Designs] quickly move from the runway to chains like the Gap, or H & M or Zara, and that is what spurs new design,” said Staci Riordan, a copyright lawyer who specializes in the apparel industry.
But Riordan said that Cusack could prevail in court because of the novelty of her zippo-vation.
“The more sculptural or artistic a piece of fashion is, the more likely its designer is to prevail in a copyright case,” she said.
Cusack gleaned her idea for zipper jewels from a ratty old sofa cover with an “amazing, chunky” fastener.
“Seeing a zipper that big in such a huge quantity was really inspirational,” she said. “The repetition of the metal teeth was exciting and metal shine reminded me of jewelry.”
Soon enough, Cusack was fashioning flowers out of metal zippers and wearing them on her jacket. Her first order for the hand-sewn blossoms came from another area jeweler, Marissa Alperin.
Alperin said she had noticed other knock-offs before the Gap bags made their shopping mall debut this year.
“I see versions in 99-cent stores,” she said, adding that the cheapie baubles have nothing on Cusack’s gems.
“There’s obviously a difference between something handmade by an artist and something made in a factory for a couple cents,” Alperin said.
