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26 October 2017Copyright

Forever 21 settles with shops accused of copying

It’s been a busy year for Forever 21 in terms of IP lawsuits, with the retailer taking on luxury brand Gucci and accusing Adidas of taking its protection of its ‘three-stripe’ trademark too far.

Now, however, there’s one issue that Forever 21 no longer has to contend with.

In January, Forever 21 took aim at C Luce (doing business as TCEC) and Cornerstone Apparel (which does business as Papaya) in a copyright claim at the US District Court for the Central District of California, Western Division.

According to the retailer, the two companies had infringed US copyright number VAu 1-143-889, a pattern that features on harem pants sold by Forever 21.

Forever 21 accused TCEC and Papaya of “intentionally and wilfully” applying the infringing designs to clothing and using them in advertising materials.

The suit said: “Forever 21 has become well-known to consumers through its hard work, innovation and substantial investment in branding.”

“Particularly in light of the success of Forever 21 and Forever 21’s clothing, as well as the reputation Forever 21 has gained, Forever 21 and its products have become targets for unscrupulous individuals and entities who wish to unlawfully imitate Forever 21’s copyrighted styles and designs,” said the claim.

On Tuesday, October 24, US District Judge John Walter signed an order for dismissal, noting that the parties had filed a notice of settlement the week before.

The action was dismissed without prejudice, subject to either party reopening the action on or before November 17.

In March, Forever 21 sued Adidas, claiming that the company is well-known for “aggressively enforcing its perceived” trademark rights against others.

“But Adidas has taken its claims even further—too far—essentially asserting that no item of clothing can have any number of stripes in any location without infringing Adidas’s trademarks,” it said.

Then, in July, Adidas hit back with the filing of an amended complaint accusing Forever 21 of selling footwear and apparel that infringed the mark.

“Exacerbating matters, Forever 21 also recently offered counterfeit Adidas products for sale on its website (forever21.com), under the false and misleading label ‘Repurposed Adidas’ products,” said the claim.

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More on this story

Trademarks
6 March 2017   Fashion retailer Forever 21 is no stranger to IP lawsuits, but this time it’s personal—with the company attacking Adidas in its latest claim.
Copyright
25 January 2017   Fashion retailer Forever 21 has taken aim at two copycats in an infringement claim brought earlier this week.
Trademarks
17 November 2017   WIPR has reported on fashion retailer Forever 21 numerous times this year, from its fights with Adidas and Gucci to its war on counterfeiting, and this time we report on a trademark opposition filed by the company.