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A designer is accusing Madewell of using her 'trademark' to sell wide-leg pants — but people aren't too sure

  • Designer Jesse Kamm says that Madewell is using her "trademark" to sell wide-leg pants.
  • Kamm claims that the brand is not only copying her "trademark," but also using her name to market the pants via search engine optimization (SEO) and "advertising."
  • People are not buying it.
  • The pants likely showed up due to Google algorithms, not a use of Kamm's name as a marketing device.
  • Kamm has since walked back her claims.

Trends come and go, but in the fashion industry, drama is truly evergreen.

Denim aficionados were in the thick of it earlier this week when Jesse Kamm, a Los Angeles-based designer, accused Madewell of using her "trademark" to sell wide-leg pants.

Although wide-leg "sailor pants" have been around for some time, Kamm has been known for her take on the look since 2005.

In an open-ended Instagram post addressed to Madewell, Kamm accused the brand of using her name to leverage sales.

"I am not sure why else you would need to use my name and my trademark. It feels very inauthentic. Please take my name out of your ads. I would appreciate it so very much," Kamm wrote alongside a screenshot of a Google search for "JESSE KAMM PANTS."

The search results showed items at Madewell and her own pants. Based on this, Kamm claimed that the brand was using her name to market the pants via "advertising."

"I see that you are using my name in your advertising. Not only is this weird, but I feel it is very confusing to the customer," Kamm wrote. "Friends: I have never contributed to, nor collaborated on any design with Madewell."

But that's not quite the case.

As many commenters pointed out, Madewell isn't using Kamm's name for advertising, marketing, SEO, or anything else. The reason similar pants showed up when Kamm, or any commenters, Googled "Jesse Kamm Pants" is because of Google shopping ad algorithms. The bar the Kamm had shared a screenshot of was sponsored shopping ads that retailers have paid for, as The Cut reported. What you see in that bar is based on search history, not marketing or SEO.

In the comments section, people were quick to set the record straight.

"Wait up. You're getting mad at Google results?!" one person asked.

"Sweetie, they're wide-leg, high-rise pants and the Google results are based on an algorithm. It's time to grow up and get a publicist and a PR team OK," someone else said.

"Just Googled those same search words and Anthro's wide-leg pants popped up along with reformation. It seems like everyone is getting different search results…. I think it's most likely based on search history, *not* a SEO tactic," another person said

"I'm not quite understanding where Madewell is using your name... Google search is one thing — and its a wildly cryptic, massive thing. Another brand falsely advertising or leaching your product is entirely different," someone else wrote.

Others wanted to talk about Kamm's limited size range and high price point. For reference, Kamm's pants retail for $39 5 and comparable styles at Madewell go for $88 and $60 at American Eagle. Kamm's pants also come in a limited size range: 0-12, and tend to run small. Madewell, on the other hand, ranges in sizes from 23-37 with petite, regular, and tall inseams.

"What in the mayonnaise is going on here? Everyone and their mother is making this. The only difference? Your exclusive sizing and astronomical pricing," one commenter remarked.

"Out here selling $400 pants made famous by Popeye that only fit an Olive Oil a-- okay," someone else said.

"Your pants are too tiny and expensive for most people," one person succinctly summed it up.

Kamm has since walked back her comments.

Later on Wednesday, Kamm walked back her initial claims in a second Instagram post. Along with a picture of a sunset, Kamm addressed eight points.

In her post, Kamm said she never claimed Madewell was unjustly using her designs, just her "trademark," which is her name.

"I do understand that Google allows keywords of any sort, and I still say boo when it is an individual's name being used without express permission, even when it's behind the scenes in their marketing strategy," she wrote.

In her post, she also said that soon the sailor pants will be available in size 14, a plan that had been in motion for some time. Although she acknowledged the addition is not a cure-all.

"Even with that addition to our size run, we will still never be able to meet everyone's needs in terms of sizing," she said. "I will never be able to make everyone happy, but I certainly do not aim to make anyone feel hurt."

In a statement to INSIDER, a representative for the brand said that "JESSE KAMM is not an expert in SEO issues, nor in the inner workings of Google's search algorithms."

Also in the statement, the brand apologized to Madewell.

" The intention of Jesse's comment to 'Please take my name out of your ads,' was for Madewell to stop using the words, JESSE KAMM (our legal trademark), as a keyword in their online marketing strategy," the statement said. "This could have initially been stated more clearly, and for that, we issue an apology."

Although it wasn't Kamm's intent to "police the entire internet," she felt compelled to speak out because she felt the trend fit into a larger pattern within the fashion industry, per the statement.

"The habit in fast fashion is for these large companies to watch what is working well for the independent designers, and then to make a version of that style for their own collection," she said. "There is no law against this."

As Kamm noted, fast fashion retailers are notorious for being accused of copying little-known designers. In the summer of 2017, i ndie designer Hanifa accused ASOS of copying the design of one of its dresses. Forever 21 was also accused of ripping off one of Wild Fang's T-shirt designs.

Kamm said she and other indie designers are fed up with the practice. "The problem we, as independent designers, have is when the large company uses the independent designers' name as a keyword to drive customers to view their 'similar' product. To us, this feels unethical."

UPDATE: November 16, 2018: This post has been updated to reflect that Jesse Kamm claimed Madewell was using her "trademark" to sell wide-leg pants.

Visit INSIDER's homepage for more.



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