Forever 21 Takes a Big Bite

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ATTORNEYSCOTT COMMENTARY:

Forever 21 is no stranger to copyright infringement disputes. Its fast fashion philosophy and disregard for intellectual property rights have resulted in Forever 21 being named as a defendant in a hefty number of copyright infringement cases. Some of Forever 21′s bites, though, while clearly a violation in principle, have not been technical breaches of the Copyright Act. This is most often because Forever 21 has copied a silhouette, and silhouettes, or the overall shapes, of garments are not protectable by copyright law in the United States (unlike in Italy, France, and other countries with robust design communities). The below would probably fit into this latter category (click each image to enlarge and see the exactitude of the copying of the details):

- ATTORNEYSCOTT / scott@copyrightLA.com

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A top by local designer Are You Am I:

Forever’s 21′s top:

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