In 2020, Bernstein promoted a cloth face mask fitted with a chain, but fashion watchdog account Diet Prada pointed out that it appeared nearly identical to a patent-pending design developed by Second Wind, a Latino-owned brand. The controversy was particularly pointed because Bernstein had previously requested free samples from Second Wind, creating the appearance that a small label's product may have been used as a reference before a much larger influencer brand publicized its own version. Bernstein denied copying the design. No court finding is described in the source, so the dispute remains an allegation rather than an adjudicated infringement case, but it became a prominent example of how independent designers feared their unreleased or lightly protected concepts could be absorbed by celebrity-driven commerce.
Preparing the daily feature…
AI concept artworkArchive Record · 2020s
The Patent-Pending Mask Dispute That Put Diet Prada on the Case
Danielle Bernstein, WeWoreWhat, and Second Wind / 2020s
In 2020, Bernstein promoted a cloth face mask fitted with a chain, but fashion watchdog account Diet Prada pointed out that it appeared nearly identical to a patent-pending design developed by Second Wind, a Latino-owned brand. The controversy was particularly pointed because Bernstein had previously requested free samples from Second Wind, creating the appearance that a small label's product may have been used as a reference before a much larger influencer brand publicized its own version. Bernstein denied copying the design. No court finding is described in the source, so the dispute remains an allegation rather than an adjudicated infringement case, but it became a prominent example of how independent designers feared their unreleased or lightly protected concepts could be absorbed by celebrity-driven commerce.
The daily editorial is currently unavailable. There’s still an entire archive to explore.
