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!

Denise Williamson’s been a part of New York’s fashion industry for almost twenty years.

She made it through FIT, worked in house at Calvin Klein, fooled around with showroom ideas, networked her way into one of the most successful PR and branding companies in the city and now runs the showroom, Williamson PR and Williamson Consulting.

Our discussion was meant to revolve around her day to day life, but instead it took a few philosophical turns into the state of the fashion industry and what she sees in the future. Of course, we also talk about her clients, including Trovata, Jen Kao, Kimberly Ovitz, Raf by Raf Simons and Madeleine Thompson, her kid and the fun parts of working so hard.

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.

The best bit of everything we learned this weekend: Trovata’s popping up.

We were in Montauk for Sergio Rossi’s dinner in honor Alexandra Richards’ Social Life cover, which was held at Sole East, when we learned that the back of the hotel will soon play host to a Trovata pop-up shop.

It’s kind of the perfect fit for John Whitledge’s nautical surf line and makes us worry about the damage it’ll do to our wallets.

What’s more dangerous than a beach town with nothing but beer, homemade ice cream, Tracy Feith, Screaming Mimi’s and Trovata?

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.

Yesterday’s intimate Trovata show made me wish I was on the beach in California, with candles and boys who actually dress like that.

John Whiltledge might not be leading a fashion revolution, but he consistently presents clothes that everyone wants to wear. This season that meant slouchy cardigans and prairie blouses, skinny black pants tied with satin ribbons at the ankle, white Katharine Hepburn pants, suspenders, bow ties and navy blue slip dresses.

The models had trouble navigating their X walking pattern, most of them broke into smiles before they made it backstage, which made the clothes all the more appealing.

One got the feeling the Trovata racks at Barneys this fall will be as frequented by the Kate Schelters and Amy Astleys in the front row as the hipsters in standing.

—PHOTOGRAPHY BY JEREMY KOST

There’s a battle brewing in the Fashionista office - is it normal, as in do you, receive compliments differently based on who’s dished them?

For example, if it’s Fashion Week and I’m surrounded by ridiculously well-dressed editors and buyers and one of them takes a moment to acknowledge something I’m wearing, it means a lot.

But someone else in our office was recently regaled with a shower of compliments in regard to his style by someone who makes Mary-Kate circa 2004 look polished. While he wanted to mean his “Thank you” with all his heart, he couldn’t help but take a second, rather confused look at his J.Crew meets Trovata outfit.

So, is a compliment a compliment no matter what? Or does its relevance change based on who’s doing the complimenting?

And before you jump to say this is ridiculous or snobby, think about something particular to you (if you don’t work in fashion). If you’re a writer, you’d take comments from your favorite author or journalist to heart more than one from the guy you’re dating who can’t take the time to spell out “your” over g-chat; If you’re an artist, you’re going to pay a lot more attention to what a curator or gallery owner says than your little sister, right?

And if someone whom you don’t necessarily want to love your style does, will you actually go so far as to change it?

Four years ago, when they were still a quartet and I regularly drooled over their rack at Barneys, Trovata teamed up with Vans on a pair of limited edition, corduroy and leather Eras. They came in a wooden box and had sneaker heads and yours truly scrambling to pick up a pair. I missed the boat because I couldn’t shell out hundreds of dollars on eBay for them, but I still think about them til this day.

And so, I’m conflicted about seeing a nearly identical pair on Urban Outfitters this weekend.

On the one hand, I finally get to have the pair of shoes my younger self would have sold my soul to have, and better still for a mere $55 (sadly, those are not my feet, at left). And yet, I think I would see John Whitledge’s face staring back in shame every time I looked down at my pretty low tops.

So, what to do? Do I pick up the shoes and run (after all, the originals cannot be purchased anymore)? Or remember them fondly and stick with my beat-up authentics?

Also, it’s weird that Vans is really just reproducing an old Vans shoe that a designer made for them, expect, without the designer name. Think Whitledge is getting a paycheck for these?

—BRETT KANE

Or the more appropriate question is, “Will you wear spring’s head gear?”

The runways have been inundated with hats. Catherine Holstein wrapped whole sweaters around the heads of her models. PPQ added I Dream of Jeannie-like toppers to their ruffly dresses and Luella splashed retro veiled hats and riding caps across her floral outfits.

We think some, like the sweaters at Holstein, might look super cool on the runway but stop short of realistically working on a regular girl’s head. Same goes for the PPQ hats - they’d induce a giggle or two at the even the most wacky New York party. And the swim caps at D&G - are they serious?

Luella’s little hats, while cute on Ali, Jourdan et. al, are the kind of thing we want to rock when we’re eighty-year-old eccentric ladies with a murky fashion past.

Right now, we’d love one of the sun hats from Trovata and Nicole Farhi, or even a mini Mary Poppins hat from Marc. And we’d obviously rock the giant bobby pins from Basso & Brooke, but we’re not even sure those are for sale.

If you don’t usually wear hats, will this spring’s wide selection make you change your mind? Or is this a look better left to runways/editorials/ads/models rather than mere mortals?

—PHOTOGRAPHY BY JEREMY KOST

Before I tell you about Trovata, let me tell you about Natasha Poly.

She’s sitting about ten feet away at this particular Starbucks with the biggest Zac Posen shopping bag I’ve ever seen which means a) she’s wearing Zac to the Interview party tonight or b) the dress she’s wearing in his show is so insane he’s making her practice walking in it.

Ok, back to Trovata.

The show started at 5 and they made us wait in the lobby until a whopping 5:03 after a couple Voguettes announced their place of employment punctuated by a “We’re leaving if you don’t let us in now.”

So of course we all went in and stood around the plastic covered runway, (standing by a runway is kind of unusual), to watch the nautical models prance. The girls wore patent stilettos, mostly YSL tributes, while the boys wore Keds dipped in paint - which made for pretty rainbow footsteps down the white canvas runway.

The clothes begged for a yacht. There were sheer men’s shirts worn as dresses, knotted rope accessories, a navy-knit bare-backed romper, almost all of it in shades of blue and white. It ended with Biz Markie’s “Just a Friend” but really, we wanted to be more than just friends with the Trovata boys after seeing this collection.

We wanted to be best friends so they’d give us everything.

Oh, and if you were worried about those particular Voguettes having to stand, (gasp!), don’t worry, a tree trunk shaped bench was pulled up just for them.

August 2007: It was the quote pulled ‘round the world. Fashionista Diaries’ cast member Nicole told everyone that her favorite designer was Juicy Couture.

Fast forward to September 2007: Karlie Kloss, Teen Vogue cover girl, adds Juicy to a “three way tie” between Miuccia and Marc.

And then last Thursday, veritable cute girl Emma Roberts, talks shop with Stacie Farber, and sandwiches the suburban staple between Luella, Marc, and Miu Miu on her list of favorites.

Are they paying these girls to say this? Do adorable, rational teenagers with access to anything money can buy really choose Juicy over say Charlotte Ronson or Trovata?

Because if so, we are really out of touch with high school girls…

—BRETT KANE

So here’s something exciting:

The Preppy Handbook is relaunching this Spring, and for a little bit of buzz, they’ve got a Fashion Week event going on:

Next Wednesday at Caravan in Soho, a mash of designers are weaving together to celebrate popped collars, dry martinis, and ribbon belts.

The group includes Fred Perry and Lorick, the line on Gossip Girl that’s supposed to be from Blair Waldorf’s mom, Eleanor.

The Gossip Girl cast is supposed to show up for the occasion, and so is our favorite Fashionista contributor, Josh Madden - he’s helping to style the presentation!

Those searching for corduroy peacoats with mismatched buttons should hold off until January 9th, when Trovata opens its first retail space in New York City.

The boutique is a pop-up shop at the Earnest Sewn store in the West Village, at 821 Washington Street. It follows other Earnest Sewn collaborations with Repetto, Malin + Goetz, and Rogues Gallery.

The move seems smart for Earnest Sewn, the celebrity denim brand, since although Trovata makes cute khakis and slacks, it hasn’t yet started a denim line, so there’s no product overlap between the two companies.

The store stays open until February 9th, and by then, you’ll have a whole new load of Trovata clothes to covet - they’ll be back in New York for another presentation during Fashion Week, showcasing their Fall ‘08 collection.

The new blogger catching light at The Times is Eric Wilson, and today he reports on Trovata’s new suit:

It’s not wool or seersucker, it’s paper and made by lawyers against Forever 21.

Eric says that “two things make the Trovata case interesting. [John] Whitledge is the first designer to cry foul over men’s wear designs, which are typically less distinctive than women’s. Also, Trovata is not exactly known for its prints, but rather for generic preppy styles… which are hard to describe as “originalâ€? under the current copyright laws.”

The offending clothes have already been stricken from F21 ‘s website, but we get the gist:

They made some striped cardigans with mismatched buttons and printed lining, and voila, Trovata realized they’d been nicked.

But will their case hold up in court? Eric’s ending observation seems best:

“It will be tough to argue that Trovata owns stripes.”

So true, but at least Anna Wintour seems to think so.

What gets dropped more than a Little League baseball?

The names Gucci, Cristal, and Prada, at least when you’re listening to rap.

That’s why we were giggling like fourth graders this morning, when we heard the new Kanye West song “Glory.” It’s a typically dizzy tune, with references flying faster than the Road Runner and Kanye claiming he’s cooler than James Dean.

But there was one lyric that really got us:

“What I sposed to do now man the game all messed up? How I sp’osed to stand out when everybody get dressed up? So yeah at the Grammy’s I went Ultra Travota.”

Aww.

We bet John Whitledge is smiling so hard right now…

When Chloe announced that Chloe Sevigny would be its new fragrance face, a jaunty game ensued.

Chloe for Chloe? What about Christina Ricci for Nina Ricci? And Travolta for Trovata? Paul Rudd for Paul Smith!

And though our name-game didn’t inspire any fashion pairings this season, we think the Chloe for Chloe match might unveil in the flesh next Saturday.

Why?

Because Chloe’s throwing a petite party to launch its new scent, and really, can there be a Chloe bash without a girl named Chloe - especially if she’s starring in their upcoming ad campaign?

We suspect non… and we’ll be watching Colette, Cafe de Progres, and that place with all the Bob Dylan boys for our second-favorite indie actress (sorry, Julie Delpy is still tops…).

Meanwhile, you should head over to Bluefly, because they just got in a new stash of the label - the last shipment from the brand’s pre-P.M.A. days. It’s still expensive, but actually about the same as what’s at the Chloe outlet right now - and the shoes have better sizes.