Forever 21 clothing on the top; Tovata's on the bottom / WWD
Earlier this month following a two year lawsuit, California-based brand Trovata took Forever 21 to court. The company is accusing Forever 21 of trade dress infringement, which means they believe Forever 21 is presenting their clothing in a way that suggests they were made by Trovata. Basically, the clothing in question looks suspiciously similar, right down to the stitching. John Whitledge, founder and designer of Trovata, is suing for millions, citing his brand's damaged image.
This isn't the first time Forever 21 has run into trouble with the law. In fact, they have been sued about 50 times (really, who's counting anymore?) for copyright violations. However under current law, you can not copyright the design of a garment. Only original graphics and prints on clothing. For example I can not design a dress and copyright the design, but Disney has the right to copyright their characters. This is a factor that Forever 21 relies on in their defense.
The issue has gotten so bad, that designers' clothing doesn't even have a chance to hit the runway, before the knock-offs are already displayed in Forever 21's store windows.
With such obvious similarities in the two companies designs, and Forever 21's extensive past of accusations and lawsuits, one would think the prosecution and defense would have some better points to present than music and dessert metaphors,
As WWD reported:
“Much the same as a music composer, [the designer] takes notes, chords, sharps and flats and combines them and arranges them to make original music,” Trovata attorney Frank Colucci said in his opening statement to the jury of six men and two women. “The notes, the chords, the sharps and flats are all known; it is the way they are combined and arranged that make new music.”
Forever 21's attorney replied:
“Much like a recipe for something like apple cobbler, Trovata is saying they didn’t invent the apples or the cinnamon or the sugar, but they are claiming the right to the combination,” Brunda told the jury.
While it's understandable companies like Forever 21 and H&M thrive on their knock-offs of top-name designs, there is a difference between using a designer's collection as inspiration for yours and completely reproducing a design right down to the buttons. Today it was reported that the jury is currently deadlocked, and one juror is being accused to misconduct. If Forever 21 gets out of this one unscathed, they should seriously rethink their design process.
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