Trovata, Forever 21 to Return to Court in October
Contemporary brand Trovata’s lawsuit against giant retailer Forever 21 will see another day in court. Tentative dates have been scheduled for October for the award-winning fashion label’s lawsuit against Forever 21, according to Trovata lawyer Frank Colucci. A lawyer representing Forever 21 confirmed a retrial will be scheduled for October.
Trovata’s lawsuit against Forever 21 ended in a mistrial on May 27, when the jury failed to come to a decision. In court documents, Trovata alleged that the retailer copied seven garments from its Spring 2006 collection.
Colucci argued that Forever 21 violated Trovata’s trade-dress rights. Trade dress is the concept that the shape or combination of elements of a specific product are unique to a manufacturer. For example, the hourglass-shaped bottle is thought to be unique to Coca Cola. If a second company sells products with a similar shape or combination of elements, a jury may find that the second company has infringed on the intellectual-property rights of the first company. At the first trial, lawyers for Forever 21 said the retailer had not broken trade-dress rules.—Andrew Asch
