Danielle Bernstein, the founder and face of blog, WeWoreWhat, is getting slammed online for allegedly copying a mask design. Diet Prada claims Bernstein asked for samples of the linen masks with a metal chain made by By Second Wind, which has a patent pending.
According to Bernstein, she did not steal the design. Bernstein stated, “I designed and ordered these masks over two months ago, before I knew what By Second Wind was … the chain and construction are completely different.” Allegedly, Bernstein got mask from By Second Wind and later made mask that are nearly identical.
Although By Second Wind has a pending patent status, her design is still protected against infringement. By Second Wind founder can sue Bernstein if allegations are true. By Second Wind must prove that Bernstein stole her designs. All correspondence whether it was email or text message should be saved as proof.
Here, any correspondence between Diet Prada and Bernstein could be used in court. A court could award the injured person any damages caused by the unauthorized use or any profit earned by the unauthorized user. Therefore, any profit that Bernstein made from the designs can be awarded to the rightful owner, founder of By Second Wind.
By Second Wind founder Karen Perez response was, “I was really excited she liked our masks, I started it two weeks after the pandemic. I literally put my blood sweat and tears into it … she reached out to me to support me, why didn’t she tell me she was working on the same thing? She used the same kind of chain and the same fabric, and colors as me, that really upset me. When I saw her masks I was heartbroken … I am fed up, for me — as a woman and a minority … I have to stand up for myself. She’s a phony, she stands up for minorities, but she’s ripping us off, thinking we only have a tiny voice.”
Do you think the designs were stolen?