Trovata has thrown its hat into the ring against Forever 21.
The apparel firm joins a long list of companies who have filed complaints against Forever 21 for intellectual property violations. The list includes Gwen Stefani’s Harajuku Lovers, Diane von Furstenberg Studio, Anna Sui, Carole Hochman Design Group, Anthropologie and Bebe.
Trovata filed its trade dress infringement lawsuit against Forever 21 in Los Angeles federal court on Oct. 9, but the documents were only recently obtained by WWD. Trovata alleged that Forever 21 systematically copied its designs, fabric patterns, prints and label designs. Trovata named at least six specific trade dress violations of its intellectual property in legal documents.
Forever 21 could not be reached for comment by press time.
Trovata alleged that Forever 21 copied the label it puts in its genuine garments verbatim. The labels read, “If you want this thing to last, I would suggest to machine wash with similar colors cold, do not use chlorine bleach, tumble dry low. Iron if needed. I know you already know all this. – Sam.” According to Trovata, Sam is one of the company founders. The lawsuit alleged that a copy of the “grammatically quirky care instructions” appeared verbatim, with the same embellishments on Forever 21 merchandise.
Trovata alleged that Forever 21 deliberately copied the trade dress of its merchandise and labels as part of an effort to take advantage of its reputation and damage the company. The complaint included allegations of trade dress infringement, false designation of origin, false advertising, dilution and unfair competition. Trovata asked the court for preliminary and permanent injunctions, damages and trial costs. The lawsuit also demanded that Forever 21 pay for corrective advertising in any publication where infringing items were advertised.
This story first appeared in the October 25, 2007 issue of WWD. Subscribe Today.