Hello sweet readers! We are continuing our initiative that serves as an educational guide for consumers, hijabistas and designers in the Muslim community to help aid the growing problem of misuse of photography, Tradenames, Trademarks and replicating designs for commercial use. This includes, but is not limited to buying replicas abayas, purses, scarves, perfumes, trademarks so on:
1. It is a U.S. FEDERAL copyright and an Islamic Law offense to use a designer's photography, tradename and trademark for commercial reasons without permission from its rightful owner. When you buy from them, you too are breaking a law and sharing their actions(unless you truly didn't know, Islamically wise only. In court this won't serve as an excuse.).
2 When using Trademark and Tradename logos tags on clothing without permission, in Islam it is a form of stealing, deceitful and cheating. Spoofing a logo like the one you see in the picture below is a Federal violation under infringement. Allah SWT has asked us to obey those in authority.
3. These actions are not permissible in Islam because they have monetary value and it transgresses against it's owners and it takes their money unlawfully.
4. When a replica business sells something at a higher price then the original, this is undercutting one's Muslim sister both the original and the buyer.
5. Replica and Inspired is the same thing. A designer takes inspiration from the mountains and uses that to make a collection. The end result will have some traits of relation to mountains. That is inspiration! When you take inspiration from a design, you don't copy it thread by thread. The end design will have a 10% inspiration from the original. Hope this helps visualizing what inspiration is.
Prophet (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions.” And he (peace and blessings of Allaah be upon him) said: “Whoever reaches a persmittible thing first has more right to it.” whether they are Muslim or not.
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