In 2000, Jennifer Lopez was a budding musician with star power and superior dance skills. She wore a green leaf print Versace dress that featured a plunging neckline, and a metal jewel holding the shear fabric together (placed below the abdomen).
As fashion likes to reintroduce past trends, the dress was reworked and remodeled again by Jennifer Lopez at the Versace show in Spring of this year. However, the fast fashion brand Fashion Nova released a similar looking dress (encompassing the plunging neckline, a broach below the abdomen and a leaf print fabric). Consequently, Versace filed a lawsuit against Fashion Nova at the US District Court for the Central District of California. Versace has claimed the following infringements:
- Trade mark; and
- Trade dress.
Versace states that Fashion Nova has deliberately used its name and designs to attract a millennial market through ‘spamming’ on social media and its lower price point. It states that it has notified Fashion Nova on a number of occasions that its designs and commercial activity has infringed its intellectual property rights. Unfortunately, Versace alleged that the infringement is continuous, as Fashion Nova seem to operate through continually copying the design of others. Consequently, Versace is seeking an injunction against Fashion Nova, damages for the breach of its rights and disposal of the infringing stock.
Only time will tell if Fashion Nova will get the message that you cannot infringe intellectual property rights or does infringement seem to pay?
We at Lawdit Solicitors have years of experience with the use of intellectual property in competitive industries. Contact our intellectual property/commercial department for a consultation.