In case it isn't bad enough that designer Jeremy Scott basically ripped off the artwork of famed graphic designer Jimbo Phillips for his Fall 2013 collection, Scott also put it on Longchamp bags as a part of an ongoing collaboration he has with the Paris-based brand. As we mentioned back in February, Scott, an often-controversial designer, doesn't know (or doesn't seem to care) that this is very likely an illegal tactic. As the bags slowly make their way onto the arms of the general public (they were gifted to those seated in the front row of Scott's February fashion show and have since been available on eBay), it’s a not-so-friendly reminder of the imitation (as opposed to inspiration) and the potential illegality of the entire situation.
Phillips' work, which largely appears on skateboards (which are utilitarian objects that would otherwise be excluded from copyright protection) is protectable. U.S. copyright law provides protection for works of art that are capable of being separated from the useful articles on which they appear (via the Pictorial, Sculptural and Graphic works category), and so, because Phillips' work can exist without the skateboard and vice versa, it is protectable.
Jeremy Scott Fall 2013 (left) & Jimbo Phillips skateboard (right)