Versace settles ‘fast fashion’ infringement suit with Fashion Nova
Gianni Versace and fast-fashion retailer Fashion Nova have agreed to settle an IP dispute over Versace’s dress designs.
According to a joint stipulation of dismissal filed with the US District Court for the Central District of California on Wednesday, August 25, the Italian fashion design house has reached a settlement with Fashion Nova that will see both sides bear their own attorney fees and costs
Versace filed the lawsuit in the Los Angeles federal court in November 2019, alleging that the retailer was infringing copyrights, trademarks and trade dress with its own copycat apparel.
The complaint flagged several Fashion Nova products that featured “the same or substantially similar” designs to some of Versace’s most famous dresses. Versace claimed that the infringing apparel was a “deliberate effort to exploit… the renown of Versace’s signature designs” without licence or consent.
Versace claimed that Fashion Nova’s apparel infringed several copyrighted designs and marks with its “inferior” copycat products, leading to a likelihood of confusion and potential damage to its reputation.
According to The Fashion Law, Fashion Nova denied many of the claims against it in its response and attempted to cancel Versace’s copyright for several of the dress patterns for lacking originality, claiming they are “widely used in the fashion industry”.
Fashion Nova also claimed that it was not guilty of infringement as its clothing did not use the IP in a “trademark capacity”, arguing instead that it used them in a “decorative capacity”.
As the trial date grew closer, both parties first agreed to settle over a Zoom conference in July and said they would finalise terms prior to the pretrial conference.
Fashion Nova is one of the biggest names in the fast-fashion industry, which has grown exponentially during the COVID-19 pandemic as consumers’ engagement with high-end and high street fashion brands trailed off.
With this growth has also come a crackdown from fashion brands. Recently, Dr Martens targeted Shein, another fast-fashion leader, alleging that boots listed on its website represented a “clear intention to sell counterfeit products” at a fraction of the cost of genuine Dr Martens.
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