Knockoff Notices: Trovata Puts Forever 21 In Front Of A Jury

Call it a victory for the little guy?
Maybe not yet, but growing fast fashion chain and shameless knock-off artists Forever 21 will be put in front of a jury next month for the first time to answer for its highly absorbent design philosophy.
Forever 21 has been the subject of over 50 copyright infringement lawsuits in the past three years, most of which have been settled out of court. Surprisingly, it is not one of the larger designers the store copies that has made it to the courthouse but independent brand Trovata and its designer John Whitledge. Smaller designers usually don't have the resources to mount such a suit against a large corporate entity.
This suit is for trade dress copyright infringement. It is important to note that while many European countries protect the design, silhouette and form of clothes with copyright laws, the U.S. does not, although it does protect fabric print patterns, label and tag designs, and distinctive details like buttons and decorative stitching. A good example would be Levi Strauss & Co.'s signature red tab and arched back pocket stitching.
Essentially, what happens is that a small company like Trovata takes the time and expense to create a product which a larger company like Forever 21 will swoop in and cheaply replicate for it's own financial gain. As you can see from the photo from today's WWD, the Forever 21 products sold in 2007 (top row) are obviously copied from Trovata's line, but the retailer maintains that the actual designs are generic and that such practices are rampant enough in the industry that it shouldn't be singled out for something that has become common practice.
Fashion blogs like Fashionista with its "Adventures In Copyright" feature routinely point out when companies like Forever 21 "borrow" more expensive product designs, so the strategy is more well documented than ever. Forever 21 still has been sued recently by larger firms like Diane von Furstenberg, Anna Sui, BeBe Stores and Anthropologie for copying legally protected prints and patterns. This time, a jury will decide will test how far trade dress restrictions can be taken to protect original designs.
The fact that the suit will be heard is a victory regardless of the outcome. If Trovata wins, it should clarify design protections whose interpretations are often murky. If they lose it may help to push forward federal copyright legislation for fashion design that is currently stalled in congressional committee.
either way, the fashion industry is keeping a close eye on the case.
Trovata, Forever 21 Case Set for Trial (WWD)