![\"Nightworks](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/08\/5d771946720efaa63fd5d23b5f44f725.jpg\")
<\/p>\nIn 2024, Kim Kardashian made headlines after appearing in a video showing off an office fitout, which included a set of \u201cDonald Judd\u201d tables that were later alleged to be replicas. The Judd Foundation sued Kardashian for making false claims, and the specifier (who was also the supplier) for trademark and copyright infringement.1<\/p>\n
When we look at the situation closer to home \u2013 yes, Australia\u2019s intellectual property laws differ from those in the United States, but they are still taken seriously. <\/p>\n
Big-ticket items such as bespoke furniture and designer lighting are often the first to be cut in the value management process, sometimes with exact replicas being commissioned in their place. What may appear as a cost saving measure, in many cases, raises legal and ethical questions.<\/p>\n
When can specifiers be exposed to legal risk?<\/p>\n
Whether a replica creates legal issues depends on context. Not every replica is unlawful, and specifying an original product that a contractor later substitutes for a copy does not automatically expose specifiers to liability. However, Melbourne-based intellectual property lawyer Sharon Givoni says the wording of specifications and the architect\u2019s involvement in approving substitutions is where problems can occur.<\/p>\n
\u201cIf the architect, in any way, knowingly \u2013 even implicitly \u2013 agrees to or encourages substitution, or if the contract is drafted so loosely it appears to permit a replica, then that\u2019s when architects aren\u2019t necessarily off the hook,\u201d Givoni says. \u201cThe implications of not having clear provisions in architectural contracts are that they can unwittingly and unwillingly be dragged into a dispute that they never bargained for.\u201d<\/p>\n
Givoni explains that wording such as \u201cor equivalent\u201d and \u201cor similar\u201d can leave room for error when not clearly defined \u2013 creating scope for substitution of replica products that are not consistent with the original design.2 Instead, outlining the exact product, designer and manufacturer can help reduce deviation from the intended product, and stating that substitutions are not permitted prior to written approval can provide extra protection. By taking these extra precautions, it can make it harder for a party to argue that a product is compliant simply because it performs a similar function. \u201cUltimately, the clearer the document, the easier it is to enforce and the less room there is for disagreement,\u201d she says. <\/p>\n
How does specification of replicas impact product designers?<\/p>\n
Nightworks Studio founder Kiri Morgan has seen \u201cintentional replicas\u201d of her lighting designs multiple times \u2013 but thinks the issue occurs further down the procurement chain.<\/p>\n
\u201cEverything comes down to the bottom line, and they\u2019ll be trying to cut costs in every which way possible,\u201d she says. \u201cThere are instances where the specifier or architect is none the wiser that [a replica] ends up in their project.\u201d<\/p>\n
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Even Morgan didn\u2019t realise a project she\u2019d supplied lighting for had only ordered part of the specification. It wasn\u2019t until her brother sent a picture of one of the light fixtures while visiting the prominent Melbourne venue, that she clicked \u2013 the remaining fittings appeared to have been substituted with products replicating her design entirely, she says.<\/p>\n
\u201cFor us as a business, the loss is huge. Commercial projects often get a lot of exposure, so we\u2019re seeing inferior manufactured products of our design put out there in a public domain that can cause confusion with potential clients,\u201d Morgan says.<\/p>\n
The ethical dilemma<\/p>\n
For designers like Morgan, pursuing legal protection can be complicated, especially when the distinction between \u201cinspired by\u201d and a direct copy isn\u2019t clear-cut. As Givoni puts it, \u201cYou can\u2019t measure a 10% difference with a ruler \u2013 so for that reason it\u2019s just not a test\u201d.3 <\/p>\n
The challenge is compounded by the fact that many designers have limited legal protection. According to IP Australia\u2019s Designs Review Project 2020, 55% of industry respondents reported non-trivial copying and estimated median losses of between $50,000 and $100,000 when a design was copied.4 Many of those respondents hadn\u2019t sought protection for their designs \u2013 either through registered IP rights or informal protection methods. This leaves product designers vulnerable to copying.<\/p>\n
If anyone understands the importance of protecting design integrity, it\u2019s designers in the built environment. Plus Studio associate Ivona Golubovic shares that for specifiers there\u2019s an ethical responsibility when it comes to product selection.<\/p>\n
\u201cAs a profession built on creativity and original thinking, we should recognise the investment designers and manufacturers make in developing products that shape our environment,\u201d she says. \u201cAnd supporting original design helps foster innovation.\u201d<\/p>\n
Golubovic explains that specification is an important part of her role as an interior designer, requiring research, technical review and building relationships with suppliers and manufacturers. To then swap out a carefully considered product on a whim is to change the original design intent of the project.<\/p>\n
So, what can specifiers do?<\/p>\n
Authentic Design Alliance (ADA) director Anne-Maree Sargeant has been an advocate for product designers across Australia for the past decade. She has recently decided to open ADA membership to built environment professionals, recognising the need to combat the issue together.<\/p>\n
![\"Anne-Maree](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/08\/4a4d3440e90fd7908510c3850395493b.jpg\")
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\u201cI think the number of architects and interior designers expressing interest in joining shows a shift, where these firms are wanting to ensure that the younger people coming through their practices are properly informed,\u201d she says. She also cites the \u201cPinterest-isation\u201d of design specification as risky territory due to the ambivalence surrounding dupe culture and the ability to shop for products online without being able to inspect quality and provenance in real life.<\/p>\n
Golubovic is one of the design professionals leading the charge. \u201cOur role is to stay engaged throughout delivery, understand what can change, and, more importantly, protect the elements that are fundamental to the design,\u201d she says. \u201cThe most successful projects aren\u2019t necessarily those that spend the most or the least, they\u2019re the ones that make informed decisions while remaining true to the original vision.\u201d<\/p>\n
Value management is inevitable and there will be times where a designer product is out of budget or has too long a lead time, but as Golubovic adds, \u201cGood value management is about identifying legitimate alternatives that maintain design intent, quality and long-term value.\u201d<\/p>\n
While Kardashian\u2019s case made global news due to her celebrity status, replica specification is happening behind closed doors every day \u2013 with consequences that are often less visible but no less significant. Givoni believes that while architects and designers may feel powerless; they do have influence. \u201cEvery time they insist on an original or push back on a proposed copy or explain to the client what it adds to the design, it can quietly shift the market in favour of authentic design.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"In 2024, Kim Kardashian made headlines after appearing in a video showing off an office fitout, which included…\n","protected":false},"author":2,"featured_media":853391,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[31],"tags":[449,458,459,64,63,460,134],"class_list":["post-853390","post","type-post","status-publish","format-standard","has-post-thumbnail","category-arts-and-design","tag-arts","tag-arts-and-design","tag-artsanddesign","tag-au","tag-australia","tag-design","tag-entertainment"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/853390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=853390"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/853390\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/853391"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=853390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=853390"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=853390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}