Trovata, Forever 21 Head to Court
The trade dress lawsuit filed by Newport Beach, Calif.–based Trovata against Los Angeles–based fast-fashion retailer Forever 21 began on May 12 in U.S. District Court in Santa Ana, Calif.
The contemporary brand is charging that in 2007, Forever 21 sold several items that were very similar to pieces—down to the interior label—in Trovata’s collection. The suit stems from trade dress, rather than copyright, which is applicable only to textile pattern and surface design. Trade dress applies to distinctive designs that the average consumer associates with a particular brand.
Fashion and copyright are likely to be hot issues this year, with the recent reintroduction of the Design Piracy Protection Act. If passed, the controversial legislation would extend copyright protection to fashion design.
