Forever 21 is being accused again of infringing on Harkham Industries, Inc. designs, according to WWD. The retailer is no stranger to this sort of accusation, as it was sued by Anna Sui over the design similarities pictured above; previously, Forever 21 entered into two separate settlement agreements,
in July 2007 and February 2008, also regarding copyright infringement.
Now, Harkham says the fast-fashion retailer sold a women’s dress that incorporates a design that too closely resembles copyrighted designs. They are seeking a permanent injunction, for Forever 21 to deliver
all products that infringe on the copyright for destruction,
unspecified financial damages and trial costs. Quite a punishment for knock-off fashion. Will the contraband F21 pieces thus become collector’s items? That’d be an ironic upshot for Harkham.
Many other large retailers, including Lane Bryant, Inc., J. C. Penney Co., and QVC Inc., are also facing copyright infringement accusations from designer brands. With the ruling for Louis Vuitton against eBay, we see some laws specific to fashion coming into existence to clarify what infringes and what doesn’t. Intellectual property law, anyone?