Forever 21’s done it again. The mega-chain’s been sued over fifty times for design infringement and yet they still manage to settle out of court.

This time around they’ll be writing a check to Trovata. Forever 21 made almost $600,000 off the striped tees, sweaters and blouses they ripped off down to the last button. Between that and legal fees and other damages we can’t even imagine how much they agreed to pay Trovata to make the brand go away - and keep them quiet.

Aside from the money, the settlement means there won’t be any admittance of wrongdoing, copyright or design infringement. Their first trial ended with seven jurors siding with Trovata and one holding out which we’ll go ahead and interpret our way. Forever 21’s scared to go back to court, given their still technically clean slate, because once they lose a single trial the floodgates are officially open.

So whoever sues them next, don’t settle!

Remember this Alexander Wang dress?

Its evolution started with a runway debut on Aline Weber last September, hopped right to a V Magazine party that same week on Anja Rubik, and quickly became the new Prada lace, popping up in every single editorial until even Topshop attempted to rip it off, disastrously, and everyone who’d bought it finally tucked the piece away into the back of their closet.

But we hear Tyra Banks rocks it on the season premiere of America’s Next Top Model.

What does this mean? Well, we’ll finally see it on a womanly body, which could give those squiggles a whole new dimension. But more importantly, it means Tyra might start incorporating relevant fashion into the show (though yes, a year behind). Maybe she can put the models in Prada’s epic SS09 sandals in the second episode and see if they fare any better than the originals?

Today’s WWD reports that Forever 21 will be dipping their toes into the beauty and home markets this year.

This obviously leads us to wonder if beauty companies will soon be faced with the same copycat troubles that have plagued fashion designers. There have recently been lawsuits settled in Europe over the copying of fragrances and their packaging.

And it is in the packaging that we foresee some trouble ahead for the beauty bigs. As with designers, we have even greater concern for the smaller, niche brands who often come up with the cutest and most innovative packaging —and are the most financially affected by knock-offs.

A reader just sent us an email with the subject line: “Copyright Copycat F21 at it again.”

Boy, was she right.

Usually, in an Adventures in Copyright item, we’ll list one or two things that the copiers did to make it a little less obvious that they’re taking someone else’s design, but, well…if there’s some glaring difference we’re missing, kindly let us know.

The best we’ve got is that Forever 21 has put their dress on a model, and the BCBG is on a mannequin.

And we believe that’s what one would call “blatant”.

—AMANDA JEAN BOYLE

The Trovata v. Forever 21 case may have ended in a mistrial, but it seems the beauty world (in Europe at least) is a step ahead in protecting designer brands.

WWD reports that the European Court of Justice ruled for L’Oreal and against three companies that were knocking perfumes owned by the cosmetics giant, including Trésor, Anaïs-Anaïs and Noa.

Not only had the companies created facsimiles of the scents, but also the bottles and even the outside packaging. Really, does it get more blatant than that?

Obviously, I’m no legal expert and I do realize that there are different trademark laws, etc associated with fragrances as opposed to clothing. But, regardless, it is refreshing to see legal protection being offered to a company whose resources, knowledge, and creativity are the reason the product exists in the first place.

If only we could just throw a little of that legal justice Trovata’s way. Sigh.

Jury deliberations began Friday in the Trovata/Forever 21 court case over allegations that Forever 21 purposely copied specific elements from seven designs in Trovata’s collections.

WWD reports this morning that the California jury has informed the judge that they are currently unable to reach a decision. They’ve asked for clarification on some legal points and will resume deliberations today. If they can’t reach a decision, there will be a mistrial.

We’ve been very clear about where stand on the general issue of infringement on intellectual property and really hope for a decision in this case that upholds designers’ rights.

But we’re not surprised to hear that the jury is deadlocked, considering the battles that ensue within our own comments section every time we do an Adventures in Copyright post. (Yes, we do read them. Each and every one.)

However, what’s this we hear of possible jury misconduct on the case? That sounds like something out of a Grisham novel, not a fashion intellectual property trial.

UPDATE: The U.S. District Court judge presiding over the case has just declared a mistrial due to “irreconcilable differences” and dismissed the jury.

Alber Elbaz re-appropriated the classic pearl necklace for his Spring 09 show, bejeweling his girls with chandelier shapes.

The jewels were so beautiful, in fact, that Forever 21 was “inspired” to delve into their good old bag of blatant knock-off tricks — a reader noticed after spotting the Lanvin collar in an Elle editorial.

Maybe the mega-chain thought the addition of a plastic rhinestone or two would hide the fact that they stole the essential shape and drape of Alber’s design? But we’re pretty sure it doesn’t make up for the “pearls” and cheap glue used in production.

We don’t know about you, but we’d prefer our jewelry to last past Memorial Day.

—CARSON GRIFFITH

Dear Fashionista,

The moment I saw this shirt I saw Alber. That rough handed sketch with dramatized eyelashes and heart-shaped lips scream Lanvin. The tee is called “The Crying Hearts,” because I’m sure there are Lanvin lovers everywhere crying their hearts out over this horrendous Forever 21 knock-off.

Long live Lanvin!

xoxo,
Madison

Trovata 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.

“These are clothes so absurdly trendy that shoppers might think they were at Forever 21, or even Bang Bang, if it were not for the higher prices, with dresses often costing $100 to $150, and the marketing of Topshop as a destination for cool design. The creative style of the sales staff helps to create that illusion.” —Eric Wilson weighs in on Topshop in The New York Times.

It’s hard to believe that the term “fast fashion” wasn’t even in our vocabulary just a few years ago. Stores like H&M, Zara and now Topshop - which operate on a business model based on getting new shipments in stores and in front of our grabbing hands more often than Little J changes her lipstick - have totally changed the way most people (young people) shop, making retailers like Gap and J.Crew seem boring because they only get the regular number of shipments in per year.

According to the AP, at least two brands - American Eagle and Abercrombie + Fitch, are planning on getting more clothes in at a much faster rate starting this month: AE plans on getting new shipments every two weeks, and A+F plans on shorter lead times, too.

So is more clothes at a faster rate the key to the return-shopper’s heart? We think it has more to do with what you’re buying and where - After all, how many versions of the ribbed gray tank top does A+F think a girl really needs?

To: Tips@ Fashionista.com

From: HotShopper @Clicksforlunch.com

Do you covet Alexander Wang (left)?

…Enough to wear these (right - from Forever 21)?

Inspiration or copy cat? Y’all be the judge!

xo br

Somewhere in fantasy world, Blair Waldorf is gasping for air.

Eric Daman, Gossip Girl’s stylist extraordinare, has taken on a side project. He’s the new consulting creative director for San Diego-based mall staple Charlotte Russe.

The retailer’s having some financial difficulties (surprise!), but instead of panicking they’re throwing all of their weight into tightening their brand strategy and targeting a slightly wider market, sixteen to twenty-nine year olds.

Daman was brought in by their new president, who happens to be a Barneys vet, to help transform the stores into something more Bendel’s than Forever 21. If anyone can do that with Charlotte Russe product, it’s probably Daman who must have a teenage girl’s brain tucked into his own.

“The idea is to make girls feel better about shopping at the mall,” he says. Does this mean we’ll finally have to go to the Manhattan Mall?

Two days ago, Reuters reported that the closing Virgin Megastore in Times Square will be replaced by a Century 21, the famous mega outlet in Lower Manhattan.

But today, the New York Times says that Virgin will be replaced by Forever 21, which is obviously a completely different store, though both sell clothing at astonishingly low prices (the difference being, you can find Marc at Century 21, and Marc knock-offs at Forever).

We’re pretty sure the Times is right, even though WWD did report back in November that this unprecedentedly enormous Forever 21 would occupy the old space from Tower Records, which is obviously different from Virgin.

But it’s Thursday, so we’re pretty sure this is all fine.

To: tips@fashionista.com
From: anonymous@clotheshorse.com

Hi guys,

I’d like to take a moment out of my busy retail schedule to rant about See by Chloe’s decline.

I used to love, love See for its quirkiness and fresh take on the Chloe aesthetic, but now it feels more Forever 21 than runway worthy. I first noted the difference at the Chloe sample sale when the See racks were home to very different products. I started inspecting everything and about half had Made In Italy labels while the other half had Made in China stamped on the tag - totally different factories, totally different quality and all for the exact same price.

I thought maybe it was just the samples so I checked out the See section on Bergdorf’s 5th floor last weekend and it looks like everything’s made in China now. If anyone owns past See pieces and takes the time to compare to current season’s pieces, you can’t ignore the difference in quality, design & feel.

Anyway, has anyone else noticed?

xo,
So Mad I Can’t SEE Straight

Julia Schonlau is a Berlin-based artist.

She designs covers for her music friends, graphics for her skateboarder friends and t-shirts for her fashion friends. Sometimes, she designs t-shirts for Threadless - like this one.

It features a disturbing but cute dinosaur pouting over his bottom fangs because he can’t hitch a ride in one of the mini cars at his feet.

It might not be a Michaelangelo, but it’s her drawing, her design, her everything -

And Forever 21 totally ripped her off. Not like they drew a cartoon Dino “in the spirit of”, but like someone broke out the tracing paper and screen printed the image onto a different tee and called it, “a humorous retro faded Godzilla graphic print”.

And then they decided they’d charge $.90 more.

Forever 21, on behalf of Ms. Schonlau, we wish you a very unmerry Christmas.

A reader just alerted us to this very subtle, yet uncanny Prada knock-off.

We were amazed because:

1. The knock-off is by DKNY - not Forever21, not Jeffrey Campbell, nor Steve Madden.

2. We know it’s a gladiator sandal, but the straps are so exactly the same, it’s creepy.

3. Vogue.com put the DKNY’s in their Need it Now section, but not only did Prada design the sandal already, but the originals are also on sale at Bergdorf’s for practically the same price as the full-price DKNY’s.

4. DKNY even gave the type of sandal a different name - they consider them huarache sandals while Prada considers theirs gladiators…

On a related note, DKNY’s really on a roll these days, no?

—ALEXANDRA BEN-GURION

Built by Wendy’s designed a clothing line just for you, with shirts, dresses and jackets made exactly to your specifications and measurements. The only catch is, you‘ll be the one sewing.

Wendy’s selling the patterns for all her clothes, so if you know how to sew, this is kind of a jackpot. Of course, the designs are adorable - comfy mini dresses and go-anywhere tops that have the same feel as Wendy’s own line.

We don’t have to tell you that picking your own fabric, colors, prints/stripes, means totally flattering clothes. Plus, each package includes instructions so you can change up designs with Peter Pan collars, rows of buttons, or whatever you want to make your perfect piece.

At $14.99, even with the fabric you’ll have to buy, this is about the same cost as any rayon number you’ll pick up at H&M, not to mention you’ll be able to reuse and remake it as many times as you want. Economic and cute - we like it.

—HAYLEY PHELAN

P.S. if you don’t know how to sew, or you need a refresher - Wendy also sells a basic sewing how-to book called Sew-U.

Forever 21’s over Marc. They’ve moved on from Diane.

Like department stores promoting young designers mid-recession, they’re focusing on copying smaller names.

OK, so it’s probably not such a conscious downgrade to lesser known designers, but they’re ripping off Nanette Lepore and she seems like the kind of designer you guys would get behind.

We’re not sure who’s shopping for business wear at Forever 21 - if we had important meetings with non-fashion people, we’d probably worry that a $17 skirt would split mid-presenation - but if you are, you should know this plaid ruched pencil skirt’s been poached from Lepore’s Fall 08 runway.

You can say it doesn’t matter, that it’s just a plaid skirt and it’s just coincidental that it’s the exact same shape, pattern and color as a runway design for this particular season.

But would you mean it?