Forever 21 sues fellow teen retailer for ripping off design
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Business
Los Angeles - Lately, it seems difficult for many retailers to maintain their individual style these days. With the recent ongoing lawsuits with Zara’s copyright infringements, it’s become a trend to see various fashion retailers go to court for similar instances. Recently, fast-fashion retailer Forever 21 joined this frenzy by filing a copyright lawsuit against fellow teen retailer Brandy Melville.
The Los Angeles-based company filed the lawsuit earlier this month against Bastiat USA Inc., which also operates under the name Brandy Melville. The lawsuit contains claims that the latter party copied a print from Forever 21 in May 2015. The original design at Forever 21 had a red background with a white abstract medallion pattern as a print. Brandy Melville put out a red patterned dress with a very strikingly similar print. In order to strengthen their claim, as reported by Apparel News, Forever 21 purchased the dress online for 38.62 dollars to show the similarities. The one-piece from Forever 21 was originally priced at 15.90 dollars.
Forever 21 sues Brandy Melville for similar print design
The lawsuit, which was filed recently by Forever 21 by the U.S. District Court for the Central District of California, alleges that the company suffered damages to its business due to the design being used elsewhere. According to Northern California Record, the plaintiff requests a trial by jury and seeks damages, actual damages, statutory damages, and injunction against the defendant from further infringing plaintiff's designs. The plaintiff also requests disgorge all allegedly ill-gotten gains, destruction of all infringing materials, all legal fees and any other reliefs ordered by the court. When reached out to about this lawsuit, Forever 21 responded,"As company policy, we are unable to comment on matters of litigation,"
It is likely that Forever 21 may have had damages with its business due to the fact that Brandy Melville is a direct competitor. Both retailers roughly appeal to the same demographic and target market. Brandy Melville sells trendy casual clothing aimed at teens with a chic style. The retailer typically focuses on crop tops, printed skirts, flirty dresses, and other pieces that reflect a carefree, stylish aesthetic. Similarly, Forever 21 appeals to the younger crowd, primarily women, with its wide spread apparel range of on-trend denim, chic footwear, contemporary clothing, casual basics, and more. Both retailers also share a similar affordable price range with Forever 21 staying approximately around 15-20 dollars in price range and with Brandy Melville’s clothing also averaging around 20 dollars per clothing item. Although there are pieces that retail for much higher (for example, a crochet dress at Forever 21 can cost up to 78 dollars), most of the pieces for both brands are on the lower side in terms of price.
According to our current copyright laws, when it comes to clothing the law protects elements of clothing by patent or trademark law. This means that if a clothing design is “new” and “original,” that it is protected under this act. Fabric prints may also be protected by copyright, which means Forever 21 may have a good standing with this case. The irony of the situation is that Forever 21 has usually been the target of many copyright infringement cases. The millennial-minded retailer is notoriously known for “designer knockoffs” as well as being involved in cases with other retailers such as H&M and independent artists as well. With this particular case, Forever 21 may have a standing, however in the past the company has had its fair share of infringement cases.
Photo: Forever 21