NYC-based retailer Opening Ceremony is the latest to take on the lunch bag for its in-house label's Resort 2015 collection. You may recall that Raf Simons showed a similar style on Jil Sanders' F/W 2012 menswear runway. Before that, Los Angeles-based accessories brand, Marie Turnor (which is designed by Beth Goodman) introduced a slouchy leather lunch bag clutch in 2009, and it created quite a buzz - ending up in the New York Times style section in July 2011. Also in the mix, is Zara, obviously. The Spanish fast fashion giant began offering the bag not long after CELINE showed it on its Spring/Summer 2013 runway. And now, Opening Ceremony, which has introduced its version in denim and blush. Now before anyone gets up in arms and calls "copy!", here's some info worth taking into consideration.
Because the item at issue here, the lunch bag clutch, is largely utilitarian in nature, copyright protection is likely out of the question altogether, but assuming its not, the originality factor may actually be on Marie Turnor’s side (she's the one who showed it "first"). As you may know, for purposes of copyright law, originality is a pretty low bar. According to relevant case law, the work at issue must possess “at least some minimal degree of creativity … with the vast majority of works making the grade quite easily as long as they possess some creative spark, no matter how crude, humble or obvious.”
Still, it feels a bit wrong to provide protection for a slightly altered version of a classic lunch bag, no?