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Fashion Nova has famously been hit with a long list of infringement lawsuits; Versace sued for “deliberately selling copies and imitations” of copyright and trademark infringement [its] Most famous and recognizable designs, symbols, signs and other protected elements come to mind, including the famous “J.Lo dress” design. But a new Fashion Nova lawsuit has flipped the script, with the fast fashion giant suing its fellow Los Angeles-based fast fashion retailer for copyright infringement for using product images from Fashion Nova’s website on its own site to compete well with an established competitor.
In a filing filed Aug. 29 in the U.S. District Court for the Central District of California, Fashion Nova said it experienced explosive growth after launching the e-commerce site in 2013. “Now step[ing] It is one of the most viewed fashion sites in the United States. Fashion Nova markets and sells a variety of lifestyle apparel and accessories for men, women and children based on its dynamic e-commerce website, with over 200,000 styles available for sale. 1,000 new styles per week, and up to several hundred new styles per day, with price points generally in the $10-$50 range.
At the heart of its e-commerce site and related social media channels, Fashion Nova claims in a new lawsuit that it “uses visually appealing, stunning photography images and videos.” [models] wear or use [its] Products – serve to attract consumer interest and ultimately purchase of Fashion Nova products.
Based on its e-commerce-centric success, Fashion Nova claims that its younger rival, Blush Mark, “willfully and wrongly stole”. [its] It is using valuable product images on its website to market and sell products that directly compete with the same Fashion Nova products shown in those product images. In particular, it points to eleven images for which Fashion Nova has filed copyright registrations, which the nearly two-year-old Blush Mark says he “downloaded digital copies from Fashion Nova’s website” and removed the file names (also) in an attempt to hide it. [its] Infringement of Fashion Nova’s copyright and/or rights to reproduce images owned and/or licensed solely by Fashion Nova) and published on its own site without Fashion Nova’s permission.
“Fashion Nova engaged in infringing activities on the images taken for the purpose of marketing, advertising, promoting, offering and selling products that directly compete with Fashion Nova’s products,” Fashion Nova contends, “with the intent to obtain unfair trade.” The advantage over Fashion Nova is that it avoids the investment of time, money and resources necessary to create and create its own brand image.
In light of the foregoing, Fashion Nova asserts a single claim of copyright infringement as well as infringement of copyright management information. The retailer is seeking monetary damages, namely, “due to Blush Mark’s infringement of Fashion Nova’s copyright in the images, as well as all profits, profits, and benefits derived by Blush Mark from Fashion Nova.” An injunction restraining Blush Mark from continuing to infringe the image and removing or altering any copyright management information associated with such image.
Copyright or competition issue?
Reading between the lines suggests there’s more to it than just a straightforward copyright infringement battle. The case appears to further intensify the rivalry between the two fast fashion companies, with Fashion Nova stating that the Blush trademark infringement comes at a time when the new market entrant is busy.[ing] Repeatable business model [the] A successful business model has made Fashion Nova a leader in the ‘fast fashion’ industry, which means that “products are similar and very similar to Fashion Nova products, targeted at the same customers and sold at affordable prices.”
In short, Fashion Nova alleges that “the Blush mark and its products compete directly with Fashion Nova.”
Fashion Nova has previously been accused of trying to monopolize the market and maintain its position on the fast fashion totem pole in the US, and the company may feel threatened by the fact that its competitive advantage lies in its ability to offer high volume. Trendy clothes and accessories for low and low prices. After all, Blush Mark is offering at least some of the same products at a lower price (it boasts that styles start at $5) and is gaining media attention and a growing number of Instagram and TikTok accounts in the process. It should be noted that Fashion Nova’s items come from a collection of “hundreds of manufacturers… hired by brokers to produce clothing for fashion brands.” At least in some of the vendor events, considering the lack of exclusivity in the game, those clothes can be purchased by other brands, such as Blush Mark, which seems to be what is happening here.
Repetition of Fast Fashion’s business model (as long as Fashion Nova does not affect contracts with suppliers to grow its business, e.g., misusing trade secret protected customer and/or supplier details) Actionable tort, Fashion Nova filed against Blush Mark’s copyright to address emerging competitor It appears to have been abandoned with a claim of infringement.
Another striking takeaway: The growing push toward ESG in fashion and the much-reported demand for sustainably produced goods among Gen-Z and millennial consumers has not put much of a dent in the global fast fashion market, which is estimated to be worth $91.23 billion by 2021. , and sustained competition between established entities and new players.
A representative for Blush Mark was not immediately available for comment on the Fashion Nova lawsuit.
The case is Fashion NOVA, LLC, v. It is Blush Mark, Inc., 2:22-cv-06127 (CDCal.).
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