Independent brands are doing the heavy lifting when it comes to creativity and consumer connection they build with purpose, test relentlessly, and grow organically. But without proper design protection, they’re left wide open to being copied by larger players who can fast-track knockoffs without consequence.
Paul Waddy
Independent Australian brand MAISON de SABRÉ has publicly criticized Sportsgirl, a major fashion retailer under the Sussan Group, for releasing products that closely mimic its SABRÉMOJI™ Fruit Charms. The incident underscores the vulnerability of SMEs in creative industries to design theft by larger competitors.
“It’s disappointing to see a major Australian retailer replicate the designs of a homegrown brand that is proudly taking Australian creativity to the world,” said Omar Sabré, co-founder of MAISON de SABRÉ. “This kind of behaviour devalues original thinking and sends a discouraging message to independent brands striving to innovate.”
Launched in 2023, MAISON de SABRÉ’s upcycled SABRÉMOJI™ Charms featuring playful fruit shapes like oranges and strawberries gained global popularity for their sustainable craftsmanship and premium design. The Sydney-based SME has built an international presence, with stockists in the US, Europe, and Asia. However, images of Sportsgirl’s near-identical fruit charms have sparked outrage online, with MAISON de SABRÉ and the design community condemning the imitation.
The controversy highlights a critical issue for SMEs: Australia’s weak intellectual property (IP) protections. “Australia’s current intellectual property laws are outdated and ineffective. Copyright does not automatically apply to product design, which leaves creators exposed and vulnerable to mass replication,” said Sabré. “As a country, we can’t talk about fostering innovation and then allow it to be undermined in plain sight.”
Industry expert Paul Waddy, an eCommerce advisor and best-selling author, reinforced this concern: “Independent brands are doing the heavy lifting when it comes to creativity and consumer connection they build with purpose, test relentlessly, and grow organically. But without proper design protection, they’re left wide open to being copied by larger players who can fast-track knockoffs without consequence. Until Australia modernises its IP laws, we’re punishing innovation and rewarding imitation and that’s a dangerous message to send in today’s global market.”
This incident shines a light on the uphill battle smaller creative businesses face in protecting their originality.
Big retailers copying designs isn’t just unfair, it can gut an SME’s market share and dilute years of brand-building. In Australia, weak design protection laws make it even harder to fight back, since pursuing legal action is often too expensive and out of reach for most small businesses. When creative work is easily copied without consequences, many SMEs pull back on innovation, fearing it won’t be worth the risk.
What SMEs can do
Here, our experts break down practical strategies to help you secure your intellectual property and protect your innovations from the start.
- Protect what’s yours: Register your designs under the Designs Act 2003 or consider trademarks. Keep detailed records of your creative process to support any legal claim if needed.
- Tell your story: Let your audience know who you are and what your brand stands for. Authenticity, especially around values like sustainability or craftsmanship builds loyalty.
- Use your platform: If your work is copied, don’t stay quiet. Like MAISON de SABRÉ, publicly call it out on social media to rally support and put pressure on imitators.
- Push for reform: Band together with others in your industry to advocate for stronger IP protections. Collective voices can influence change where solo efforts can’t.
ALSO READ: Let’s Talk: Protecting your intellectual property
Disclaimer
The article regarding MAISON de SABRÉ’s allegations against Sportsgirl reflects the perspectives and statements provided by MAISON de SABRÉ, as reported on 5 May 2025. The situation is subject to ongoing developments, and no legal conclusions have been established. Readers are encouraged to seek additional sources for a comprehensive understanding of the issue.
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