Tuesday, September 29, 2015

B.A.F.F.L.E.D. Fashion Law

Fast Fashion Has In-Fighting Over Copies--

Retailer H&M is suing its fellow fast fashion colleague, Forever 21 over copyright infringement.  H&M claims Forever 21 is selling a "Beach Please" bag, distinctly made for H&M, which was also registered for a copyright this past June.  The sales have continued even after cease and desist letters.

The story here seems to be a tad bit more about the irony of one fast fashion retailer suing another.  Both are widely known for taking designs straight from the runway to their quick manufacturers, then sales floor within weeks.  Forever 21 is said to have commissioned one of their loyal Chinese manufacturers for the H&M bag copy.  Both retailers have been sued over copies in the past--several times. 

It will be interesting to see how this one plays out.  Forever 21 is known for settling their infringement suits under the table.  Maybe this will be no different.   There are many arguments on both sides for protection of fashion designs expanding past prints and patterns.  Usually, the fight is between a luxury retailer and fast fashion giant...or even a boutique designer and established retailer.  How will 2 common infringers settle it? Nevertheless, there's something more to be hammered out here.  

For more on fashion law and infringement's damage, check out these posts!

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