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Trovata’s Court Case

Monday, Apr 13, 2009 / 9:03 AM

trovata 06.jpgTrovata sued Forever 21 two years ago – the mega-store’s 50th lawsuit in three years – and finally heads to court next month according to WWD.
The California based brand targeted seven styles of shirts directly copied from their runway including a striped cardigan with multi-colored buttons, a white ruffled blouse and a rainbow striped polo – some of which even boast a replica of Trovata’s actual label on the inside.
They’re suing under trade dress infringement since copyright laws still only protect prints and patterns and the CFDA’s Design Piracy Prohibition Act is stalled, but a Manhattan judge already chastised Forever 21, “We note the extraordinary litigating history of this company, which raises the most serious questions as to whether it is a business that is predicated in large measure on the systematic infringement of competitors’ intellectual property.”
On the one hand, we’re kind of impressed Trovata was even on Forever 21′s radar circa 07 but on the other, we hope they kick their ass.


Comments [11]

i wish forever 21 was better at copying menswear from the runway, or creating something interesting themselves, hah. I went in there the other day and the men’s clothes were even more dismal then A&F or the GAP.

Forever 21 even copied the labels? I hope they finally get what the deserve.

good luck trovata.
if they win their case against forever 21, imagine how many other designers might follow suit.

The allegedly copied the label too…tsk. tsk. tsk

The allegedly copied the label too…tsk. tsk. tsk

While there may be a moral issue here and Forever 21 is clearly in the wrong in that reagard legally I think they are home free. The copywrite laws are clear they protect orginal prints and graphics. And it’s clear there is nothing orginal about various striped fabrics or mismatched buttons ( it’s been done!).
What’s just as bad as Forever 21 stealing a look is how designer companies like Trovata steal from the American consumer. IT’S THE SAME MATERIAL …insane! I’m unwilling to accept the fact that “we don’t use sweat shops” “we pay a fair living wage” because companies like American Apperal do so as well and you don’t see that much of a mark up in price.

Yeah, but @6: Surely you don’t think Trovata et al are running up a huge profit, right? Most small high-end labels barely break even at the end of the year, so it’s not like their prices are allowing them to sit high on piles of cash.
They cost a lot mostly because of economies of scale. It’s a chicken and egg thing. They are more expensive because they are making much smaller volume of clothes than AA, And they make a smaller volume of clothes, because they are more expensive. It’s different market segments. Of course, the IDEA is also that doing smaller runs, and less styles allows them to spend more time on quality.

@6: First of all, it is not “copywrite”! Get a clue before you post.
Second, the article clearly states that a cause of action was based on trade dress infringement, not *copyright*. Do you really think it is OK for one company to steal the designs of another?

Guest #8 it’s not my a blog/website I’m not required to do multiple edits. Grow up. if you don’t agree with me that’s one thing but don’t be a rude twit!

forever 21 prides itself on being an affordable “quality” brand and a christian one at that. but the way they do business is absolutely unacceptable. they copy designs, 1/10 of all their garments have a problem, and i have a friend whose family owns a textile mill that absolutely HATES forever 21 for their unfair negotiating and ignorance towards quality.
but concerning this specific case, i would say its mere coincidence.

I LOVE FOREVER 21!
it sucked when i worked there as one of my first jobs but cute stuff!!!

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