Design Literacy: Understanding Graphic Design

Hagstrom, Arrow, and American Map have followed suit, perhaps to signal
to the consumer that they are each as authoritative as the original. And this
is also a key reason for institutional mimicry. Not only does an inferior
product want to look as superior as the big guys, but even a distinctly good
product that wants to cut into the market of the big guys must play by the
leader’s rules.
Nowhere is this more obvious than blue jeans design. Aside from
the denim material, the single most familiar design characteristic on all
popular brands is the leather belt-loop label with the brand’s “branded”
logo. Originally created by Levi’s in the late nineteenth century, this piece
of real or ersatz cowhide is such a common genre accessory that every
manufacturer from Armani to Old Navy (and all the mid-range brands in
between) wouldn’t think of producing jeans excluding the identifying
accoutrement. And customers are so used to this as endemic to the jeans
gestalt that unless they are antisocial (and anti-branding) snobs, they would
not buy a pair without the label.
So, what does the law say about this plethora of mimicry? Trade-
mark infringement is frowned upon, while trade dress is accepted. For
example, no other fast food restaurant can use McDonald’s Golden Arches,
yet another can refashion its red and orange color palette or secondary
typefaces in ways that might be similar yet not the exact same as the
original. (Even the name could be changed to McDoodle’s, as long as it is
well over six degrees of separation from the original.) In the land of free
markets and mandatory competition, companies are allowed considerable
leeway in how they conform to the trade dress of a particular genre. And
this does not only apply to major mass-market goods; the more
sophisticated or subtle design of so-called boutique products like specialty
bottled waters and expensive packaged foods are continually impinged (but
not infringed) upon. Although designers and design competitions celebrate
originality, the fact is that many producers could care less. Indeed, how
often have you heard a client say, “I want my product to look just like this
one”? And, you know, it would make perfect sense to Moe.