The founders of Forever 21 will be deposed in a copyright lawsuit filed by Express, a Los Angeles judge ruled. Express charged in a lawsuit filed in California’s Central District Court in June that Los Angeles-based Forever 21 copied four of its copyrighted plaid patterns for men’s shorts that were introduced in its stores in December 2007, and also alleged trade dress infringement for a zippered jacket the retailer introduced last December. A trial is set to begin in September. Despite court documents saying founders Do Won Chang and Jin Sook Chang have “no direct personal knowledge” of the garments, Magistrate Judge Victor Kenton last week denied Forever 21’s motion to shield them from depositions. Forever 21 has been sued dozens of times for alleged intellectual property violations, but has settled such cases out of court, most recently with Trovata.

This story first appeared in the November 10, 2009 issue of WWD. Subscribe Today.

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