Trovata Battles Forever 21

via WWD

"After two years of legal wrangling, Trovata’s lawsuit alleging that cheap-chic retailer Forever 21 copied its designs is headed to trial next month, and the outcome could have implications for both vendors and retailers in this age of fast fashion.

Barring a last-minute settlement, lawyers familiar with Forever 21’s extensive litigation history said this would be the first time the rapidly expanding retailer faces a jury that will determine whether it illegally clones other companies’ designs. The result could be a clarification of intellectual property rights in an era when facsimiles of runway looks often appear in multinational specialty chains before a designer’s original version has a chance to hit stores.

The federal court case involves seven garments Forever 21 sold in its stores in 2007, said to look identical, or almost identical, to garments designed by Trovata and publicized on the runway or in magazines. One Forever 21 garment also had an inside label that was a near representation of Trovata’s distinct label at the time.

Trovata’s attorneys argued the alleged copying of the designs constituted trade dress infringement. Trade dress is the legal term for the visual appearance of a product that links it to a particular brand in consumers’ minds. Trovata, which is headed by founder and designer John Whitledge, is seeking a multimillion-dollar award for actual and punitive damages.

Unlike other suits brought against Forever 21 in recent years by companies such as Diane von Furstenberg, Anna Sui, BeBe Stores and Anthropologie, the Trovata suit does not allege copyright violations. Under current law, only original prints or graphics on clothes can be copyrighted — as they are considered artwork — and Trovata’s suit focuses on Forever 21’s copying of its unique button placements, decorative stitching, fabric patterns and other details.

Although U.S. copyright laws do not protect a garment’s basic design, silhouette or form, legislation is pending in Congress — supported by the Council of Fashion Designers of America — to expand copyright laws to the “appearance as a whole of an article” of clothing. The Design Piracy Prohibition Act has stalled in committee. Critics contend its provisions are too sweeping and would stifle competition and commerce in the apparel industry.

Continue Reading Here...