The ‘OG’ fashion icon, Matilda Djerf, known for her laidback and “clean girl” aesthetic, has undoubtedly slayed her way as one of the most well-known influencers on the internet. Unsurprisingly, her fashion brand, Djerf Avenue, has also blown up on social media for its timeless pieces and elegant basics.
So, how can an adored influencer such as Matilda Djerf deactivate her TikTok with a million followers and be cancelled by her own supporters?
Firstly, it is important to understand how copyright strikes work. Copyright is a legal right used to protect original works of authorship, in this case clothing designs. Copyright aims to protect the expression of ideas, but not the original idea itself. In many countries in the world including Australia and the EU, you automatically have copyright protection. A copyright strike is where a copyright owner submits a request for removal of infringing content to the relevant online platform. TikTok’s IP Policy states that TikTok does not allow, “posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trade marks, or other intellectual property rights”.
How does this relate to Matilda Djerf?
Earlier this month, small content creators have taken to the internet to expose Matilda Djerf’s legal team for filing trade mark claims on their videos. However, if creators are copying designs from Matilda’s Djerf’s fashion brand, then what is the problem?
The problem is that they are not.
In fact, the videos being taken down have nothing to do with the content creators duping Djerf Avenue’s designs and passing them off as their own. Influencer Aliya Summer, spoke out claiming that she received a copyright claim for simply reviewing her clothes and recreating Matilda Djerf’s style.
Djerf Avenue has faced massive backlash as fans outraged by the type of content being removed. Fashion TikTok fashion is built off recreating looks and reviewing products from popular brands. Matilda Djerf, herself, rose to fame by doing these kinds of videos.
Djerf Avenue is also receiving serious backlash for their clothes not being particularly original in their design. Take for example, the beige trench coat being sold on Djerf Avenue’s website. That fashion stable has been around for years, and to claim copyright for a beige trench coat is ridiculous.
Further, these copyright strikes have disadvantaged small content creators, the very people who support Djerf Avenue by promoting their products. Some fans have gone as far to say that Djerf’s legal team through the guise of copyright striking is removing any criticism of the Djerf Avenue brand.
Although Matilda Djerf has not personally responded to any allegations, her legal team has released a statement. In the statement they explained how there is a surge in websites selling Djerf Avenue dupes, and to combat this, her team has taken down all videos/content with her copyrighted prints on non-Djerf Avenue items. However, these claims have gone so extreme that even positive reviews and recreations of Matilda Djerf’s style have been taken down.
Now alienated from her audience, Djerf has taken down her TikTok account. Fashion TikTok now eagerly waits for Matilda Djerf and her team’s next move.
Key Takeaway
The key takeaway here is that copyright claims for brands is a complex issue and needs to be done correctly. If you suspect that someone has used your own original content without your permission, it is essential to ensure that the appropriate copyright procedures are followed.
Contact Us
Trade mark law is the best area of IP law that offers protection, strategy, and leverage. Here at IP Partnership Lawyers, our team of solicitors are experts in Trade mark registrations in both Australia and internationally, and we also assist clients with Trade mark oppositions and the removal of Trade marks. Please see contact us to discuss further.
Disclaimer
This blog provides general information and is not intended as legal advice specific to your circumstances. Please feel free to seek our professional legal advice if you have any particular questions, concerns, and/or queries.
