Express Sues Forever 21
Attorneys for retailer Express filed a suit on June 23 against fast-fashion giant Forever 21 in U.S. District Court in Los Angeles for unspecified damages.
Express alleges Forever 21 broke copyright and trade-dress laws by selling exact copies of four men’s shorts and a track jacket designed by Express and sold in its 550 Express stores in 2007 and 2008. Forever 21 legal counsel Young Kwon said he had not received the complaint yet and could not comment on the case. Forever 21 is headquartered in Los Angeles. Express has offices in New York City and Columbus, Ohio.
Express’ legal team includes New York–based firm Colucci & Umans, which recently represented Newport Beach, Calif.–based designer Trovata in its suit against Forever 21 over allegations of trade-dress infringement. The Trovata case ended on May 21 in a mistrial when a jury in U.S. District Court in Santa Ana, Calif., could not agree on a verdict. The Trovata case is scheduled to be tried again in October. Los Angeles firm Buchalter Nemer is part of Express’ legal team. Express has been a client of Colucci & Umans for more than 15 years, according to attorney Frank Colucci.
Trade dress is the concept that the shape or combination of elements of a specific product are unique to a manufacturer. For example, the hour glass–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. Colucci said in a recent California Apparel News article that trade-dress suits are not uncommon; however, it is rare for a fashion designer to take action on grounds of trade dress.
In Express’ complaint, the retailer’s attorneys charged that Forever 21 has long been engaged in a pattern of of “shop and copy”—purchasing its competitors’ products and then demanding their manufacturing partners make exact copies of the products, which are later sold at Forever 21. Attorneys for Forever 21 denied similar charges during the recent Trovata trial. —Andrew Asch
