When Giants Copy: How MaXhosa Took on Zara and Won the Battle for African Fashion Rights
By: Zuma Micheals
In 2018, South African designer Laduma Ngxokolo found himself in the middle of a legal storm that pitted his proudly African brand, MaXhosa by Laduma, against Spanish retail titan Zara. The case, which quickly ignited a global conversation about intellectual property rights and cultural appropriation, became a landmark moment for Africa’s creative industries. It wasn’t just about socks—it was about sovereignty over African design, cultural identity, and the legal fight against global fashion piracy.
The Spark: A Sock That Crossed the Line
Laduma Ngxokolo’s MaXhosa brand has long been a celebration of Xhosa culture, reimagined through bold, geometric knitwear that has walked global runways and draped celebrities. But in April 2018, something unsettling happened. Loyal customers across the UK, New York, and Sandton began spotting a pair of socks in Zara stores eerily similar to MaXhosa’s signature Khanyisa Cardigan, a 2014 design rich in Xhosa symbolism.
Social media erupted. Tweets, Instagram posts, and blogs all echoed the same sentiment: Zara had copied MaXhosa. What began as whispers online soon became a full-throated outcry.
The Legal Strategy: Fighting Back with the Law
Unlike many designers who shy away from battling global corporations, Laduma wasn’t having it. He immediately enlisted Moore Attorneys, a leading intellectual property law firm in South Africa, to take the fight directly to Inditex, Zara’s parent company.
The legal approach was clear-cut:
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Prove Originality:
MaXhosa’s designs weren’t just aesthetic—they were deeply rooted in Xhosa culture, giving them both artistic and cultural weight. The legal team demonstrated that the sock design wasn’t just “inspired” by MaXhosa; it was a direct replica of Laduma’s copyrighted work. -
Leverage Public Pressure:
While the legal team worked behind the scenes, the public outcry did its part. Social media became a courtroom of its own, with users worldwide calling out Zara for cultural appropriation and IP theft. -
Push for Immediate Action:
Rather than dragging the case through lengthy court battles, the legal team demanded swift action: a full withdrawal of the infringing products from all Zara outlets globally.
Zara’s Response: A Corporate Retreat
Faced with mounting public backlash and a strong legal case, Inditex moved quickly. In a statement, the company announced:
“As a preventive action, the process to immediately remove this item both from stores and online was activated the moment this situation was brought to our attention.”
Within days, the controversial socks vanished from shelves and online listings. No court dates. No lengthy proceedings. A rare, fast win against a global powerhouse.
The Bigger Picture: African Designers vs. Global Copycats
This wasn’t the first time an African designer was copied by a global brand—but it was one of the first instances where the designer fought back and won. The MaXhosa-Zara case set a precedent: African creatives can and should use legal systems to protect their work.
However, the case also exposed gaps in Africa’s IP frameworks:
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Weak International Protections:
Many African designs, though culturally rich, aren’t always protected under Western copyright laws. Designers often lack the resources to register their works internationally, leaving them vulnerable. -
The Need for Stronger Cultural IP Laws:
Cultural designs often fall into a gray area of IP law, blurring the line between shared heritage and individual artistry. African lawmakers must explore ways to strengthen protections for traditional and indigenous designs.
Lessons for African Creatives: How to Protect Your Work
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Register Your Designs Locally and Internationally:
Filing for copyright and trademarks in key markets (the U.S., Europe, and Asia) can offer broader protection. -
Document Every Creation:
Keep detailed records of sketches, prototypes, and production dates. These can be invaluable in legal disputes. -
Build Community Awareness:
In the MaXhosa case, it was loyal customers who first spotted the infringement. Cultivating a strong, engaged community can serve as an extra layer of protection. -
Leverage Public Opinion:
In today’s hyper-connected world, public pressure can move mountains—even for global corporations.
A Win Beyond the Courtroom
For Laduma Ngxokolo, the victory wasn’t just about a stolen sock design—it was about proving that African fashion deserves respect, recognition, and legal protection. MaXhosa by Laduma emerged stronger, gaining global visibility and new customers who admired the brand’s resilience.
For African creatives, the case is a rallying cry: Your work has value. Your culture has power. And the law is on your side—if you choose to use it.
Legal Africa Magazine will continue to spotlight similar cases where Africa’s creative industries stand up for their rights in a global market. Because in the end, protecting intellectual property isn’t just about business—it’s about preserving Africa’s voice in the world.
For more in-depth analysis on IP laws across Africa and how they impact the creative sector, subscribe to Legal Africa Magazine’s upcoming edition.
