‘They’re fakes’: Maison de Sabre founder condemns dupes as Sportsgirl pulls items

They sold out in three days. “We were completely blown away by the way the product was received,” Sabre said. “Our community enjoyed the playfulness and what we were trying to do.”

A month later, they restocked the product and doubled the number of units, thinking they wouldn’t find the same success again. “It sold the second time in under 24 hours,” Sabre said.

The unexpected demand encouraged the Sabre brothers to develop more bag charms, which – helped by a collaboration with Hello Kitty late last year – has contributed more than $1 million in revenue.

While the brand regularly contends with knock-offs around the world, Sabre said it was a “massive shock” to be notified by a staff member they had come across imitation products in Australia.

“I just felt like it was completely disrespectful to what was being done for the industry and for Australian innovation, to have a product that was so well received globally be completely ripped off in our home turf, in our home country,” Sabre said.

“I would assume that we all want the best for one another, and a lot of that comes down to making sure that we respect one another’s boundaries and spaces and markets that we operate in.”

Sportsgirl said it was a proud Australian company that supported and championed Australian fashion design and had “promptly taken proactive steps” to remove the accessories from sale.

“We fully respect the intellectual property rights of others and recognise that part of our role as a leading national retailer is to demonstrate the highest standards for the Australian industry,” the company said.

“We will take this opportunity to refine our internal processes to further strengthen this commitment.”

Sportsgirl declined to answer further questions.

‘Every action has an intention’

The fruit bag charms join a rising tide of imitation products flooding the market as retailers seize on fast-moving trends to offer cheaper alternatives. Earlier this year, kitchen tool design firm Dreamfarm spoke out against Kmart’s $5 imitation of a flat-fold fruit juicer.

Some have built part or all of their business model around dupes, including Aldi, Kmart’s in-house brand Anko (which makes up 85 per cent of sales), “luxe for less” cosmetics brand MCoBeauty, and global juggernauts Shein and Temu.

Sabre said Sportsgirl sent an email on Tuesday morning, which he said did not include an apology, and that he was satisfied with the outcome of Sportsgirl pulling its products from sale, but was sceptical that Sportsgirl’s team was ignorant of Maison de Sabre’s product.

“Nobody in a company acts independently, you know, somebody has to answer to somebody else,” he said.

“The fact that it was greenlit means the management team of course knew about it, and the buying team of course knew about it, and nothing ever happens by chance. I’m a firm believer that every action has an intention behind it.”

Had Sportsgirl not pulled its products off shelves, Maison de Sabre would have considered legal action, the co-founder said.

“I think it’s so important that regardless of the size of brand, you are really focusing on your own strengths and playing to those instead of trying to find shortcuts or hacks to growth and success.”

Design laws could be stronger

University of Melbourne lecturer and Intellectual Property Research Institute of Australia deputy director Ben Hopper said imitations had been common long before the rise of dupe culture, but that many innovator brands were finding IP laws unsatisfactory.

“There is a good case for reform of design law in Australia,” he said.

To protect a product’s design in Australia, steps must be taken before the item goes on sale – getting a design registration beforehand – or to pursue legal action afterwards, whether it be claiming trademark infringement or misleading or deceptive conduct.

Another pathway, claiming copyright infringement of an artistic work, becomes muddied after designs are reproduced and more than 50 copies are sold, or industrially applied.

“You have to work out if it’s artistic craftsmanship, and that’s not an easy answer,” Hopper said.

He pointed to protections in Britain and Europe called unregistered design rights, which give the owner the right to prevent unauthorised copying of the design. Such protection lasts for three years and begins as soon as the product is created.

“That might help militate against the more nefarious or harmful manifestations of dupe culture because people will come to see, ‘I can’t just copy with impunity’.”

While the government had made progress in strengthening design laws, there was room for improvement, he said.

“I really think [with] the rise of dupe culture, the government should really be seriously looking at something like an unregistered design right, or some way of improving design law.”

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