One Suit for Forever 21 Settled, Another on the Way
The 2-year-old lawsuit between retail giant Forever 21 and award-winning fashion label Trovata was settled last week, but Forever 21’s legal woes continue.
Retailer Express’ suit against Forever 21 is scheduled to go to a jury trial on Sept. 21, 2010, at U.S. District Court in Los Angeles. It will be heard by Judge Otis D. Wright II, according to the plaintiff’s attorney, Frank Colucci of New York–based law firm Colucci & Umans.According to the complaint, which was filed in June, 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.
Colucci also represented Trovata in its suit against Forever 21. U.S. District Court Judge James V. Selna declared a mistrial in the case May 27 after a jury could not come to an agreement on a verdict. Trovata alleged that the retailer broke trade-dress laws by copying seven garments from its Spring 2006 collection. Colucci intended to try the case again, but Trovata and Forever 21 settled on Oct. 9. The terms of the settlement were confidential.
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 past 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.
The Trovata suit was the first time that Forever 21 faced a jury trial despite being sued 50 times by various fashion designers in the past. Staci J. Riordan, an attorney who represents fashion companies, said the Trovata trial will change little in the fashion industry.
“Currently, clothing design, in general, is not protected under copyright law. But certain members of the design industry, spearheaded by the Council of Fashion Designers of America, are pushing for reform. The Design Piracy Protection Act was introduced into the Senate on April 30, 2009. But until laws change, I believe it is business as usual for the fashion industry,” Riordan wrote in an e-mail. She works for Fox Rothschild LLP in Century City, Calif.—Andrew Asch
