Fast fashion retailer Shein accused of racketeering and copyright infringement in lawsuit
Fast fashion retailer Shein has been accused by independent designers of infringement-related racketeering activities in a new lawsuit. According to The Fashion Law, a lawsuit was filed on Tuesday (11 July) in California federal court that accused the clothing giant of using a “secretive algorithm” to identify trending art and allegedly reproducing the independent designs for its fast fashion website. The three independent artists suing Shein – Krista Perry, Larissa Martinez, and Jay Baron – claimed both Shein and its parent company, Zoetop Business Company, Ltd, engaged in “produc[ing], distribut[ing], and selling exact copies of their creative works,” which they allege is “part and parcel of Shein’s ‘design’ process and organizational DNA.” In the suit, Perry, Martinez and Baron claim Shein replicated “truly exact copies of [their] copyrightable graphic designs” such as Berry’s artwork titled “Make It Fun” and Blintz’s “Orange Daises” design. Barron’s “Trying My Best” artwork, which they claim was also copied by Shein, is not only a registered copyright but the phrase was also trademarked by Barron. As a result, the plaintiffs argue that they “have suffered and will continue to suffer substantial damage” to their businesses and “a diminishment in the value of their designs and art, their rights, and their reputations”. In the complaint, the plaintiffs allege that Shein created a “secretive algorithm” to identify growing fashion trends and “produce very small quantities of [its] item for sale” – as 100-200 units per SKU – in the case that an artist claims “the design was stolen”. “The brand has made billions by creating a secretive algorithm that astonishingly determines nascent fashion trends – and by coupling it with a corporate structure, including production and fulfillment schemes, that are perfectly executed to grease the wheels of the algorithm, including its unsavory and illegal aspects,” the artists argue in the suit. “When Shein copies a small or independent designer, the most likely outcome (without brand protection specialists and specialized software on the lookout) is that the infringement will go unnoticed,” the complaint reads. The lawsuit named Chris Xu as the maker behind the algorithm, a “mysterious tech genius” who has allegedly made Shein “the world’s top clothing company through high technology, not high design.” While Shein has faced many lawsuits in recent years, the newest complaint is notable for its Racketeer Influenced and Corrupt Organizations Act (RICO) claim. RICO is a federal law designed to combat organized crime in the United States, and individuals or organisations can use the RICO Act to file civil claims against racketeering activities performed as an ongoing criminal enterprise. Another requirement to file a RICO claim is that the offending party is not just an individual or business but a criminal organization, as the suit claims Shein’s alleged infringement activity is “committed not by a single entity, but by a de-facto association of entities.” The plaintiffs claim that Shein’s “confusing corporate structure” allows the company to “avoid liability” in the case of intellectual property infringement, adding that the brand’s “first line of defense” when facing a copyright or trademark cease and desist is “removing the product from its sites with blaming the misconduct on another [Shein entity] actor (implying such actor is independent).” As a result, the artists have accused Shein of “multiple acts of racketeering and criminal copyright infringement” and are seeking past and future damages, as well as compensation for legal fees and injunctive relief to “prevent further racketeering activity”. This is not the first time Shein has faced accusations of infringement. In May, artist Maggie Stephenson settled with Shein for an undisclosed amount after she filed a $100 million lawsuit last year. That same month, Italian fashion designer Giuliano Calza claimed the retailer stole shoe designs from his streetwear label, GCDS. The new lawsuit comes after a Shein-sponsored influencer trip made headlines for promoting Shein’s factory in Guangzhou, China. The influencers were invited to tour Shein’s “innovation factory”, as they posted videos showing a clean, brightly lit factory with automated bots assisting in processing and packaging orders. However, the influencer trip faced backlash as many pointed out the fast fashion company’s accusations of labour abuse and its negative impact on the environment. The Independent has contacted Shein for comment. Read More Italian designer launches scathing attack on Shein over ‘stolen ideas’: ‘Maybe I am the fool’ Influencers face backlash for promoting Shein factory during PR trip in China Parent company of fast-fashion brand Shein to pay New York state $1.9m for data breach Shein accused of racketeering and copyright infringement in lawsuit Barbie premiere: All the best pink carpet looks as Margot Robbie film shows in London Why these women are – and aren’t – shaving their armpits this summer
2023-07-14 13:52
Factbox-Changes to Australia's central bank following review
SYDNEY Australia's government announced on Friday that Michele Bullock, Deputy Governor at the Reserve Bank of Australia, will
2023-07-14 12:57
Philippine Central Bank Wants Lenders to Disclose Climate Assets
The Philippines’ new central bank head is pushing for lenders’ disclosure of climate-related assets, pledging that the Southeast
2023-07-14 11:59
Industrial Hub Facing Power Crunch That May Ripple Across China
Extreme heat and rising energy demand risk overwhelming China’s attempts to prevent a repeat of last year’s curbs
2023-07-14 11:26
Bullock takes the reins at Reserve Bank of Australia
By Lewis Jackson, Stella Qiu and Wayne Cole SYDNEY Reserve Bank Deputy Governor Michele Bullock will take over
2023-07-14 10:58
Australia No.3 bank reaches union deal that lets staff work from home
By Byron Kaye SYDNEY National Australia Bank (NAB), the country's No.3 lender, reached a deal that lets employees
2023-07-14 10:22
French Billionaire Pinault Is in Talks to Buy CAA Talent Agency in $7 Billion Deal
Creative Artists Agency is in advanced discussions to sell a majority stake in itself to Francois-Henri Pinault, the
2023-07-14 10:20
Instant View: Australia govt appoints Michele Bullock as next RBA governor
SINGAPORE Australia on Friday appointed Michele Bullock as the next central bank governor, replacing Philip Lowe. Reserve Bank
2023-07-14 08:22
Australia govt appoints Michele Bullock as next central bank governor
SYDNEY Australia on Friday appointed Michele Bullock as the next central bank governor, replacing Philip Lowe. Reserve Bank
2023-07-14 07:53
Australia's central bank chief will not be reappointed -media
By Wayne Cole SYDNEY The head of Australia's central bank will not be reappointed for a second term
2023-07-14 07:48
Florida seeing spike in child labour as Republican states across the country push to remove barriers
A number of Republican-led states spent their most recent legislative sessions relaxing child labour laws — while one state is already experiencing a rise in child labour cases. A report from WFTV in Orlando published Wednesday suggests that central Florida is already seeing a spike in child labour cases that dates back to the onset of the Covid-19 pandemic. The nature of the cases reportedly range in scope and seriousness from having children working too many hours on school days to operating heavy machinery and beyond. “From [fiscal years] 2020 until 2022, we have seen more child labor that we had seen from 2011 to 2020,” Department of Labor District Director Wildalí De Jesús told WFTV. The Covid pandemic began in 2020 and upended the labour market — causing the service economy to contract and then leaving a number of employers without adequate staff when lockdown measures were relaxed and consumption habits returned to pre-pandemic levels. Still, the data shows an alarming trend in the illegal exploitation of minors in the workforce at a time when states across the country are working to roll back child labour laws that are a longstanding legacy of the children’s rights and labour movements. Already this year, numerous GOP-led states including Missouri, Ohio, Arkansas, and Iowa have passed laws weakening child labour laws — allowing companies to hire children without work permits and making it legal for them to working longer hours in more dangerous conditions. The push to weaken child labour laws has reportedly been led by a Florida-based think tank, the Foundation for Government Accountability, which drafted the model legislation for states to use to roll back their child labour protections. The data from Florida is not entirely clear on several points, including how many of the children in question are undocumented immigrants. In her comments to WFTV, Ms De Jesús said parents are not always in a position to know the exact details of the work their children are doing and how it aligns with child labour law. “We’re seeing a trend of much younger children… because sometimes the children don’t know what they’re supposed to do or not supposed to do,” Ms De Jesús told the television station. “A lot of times parents don’t know either. They may assume that it’s safe or that [the child is] working the correct hours and that there’s no limitations, but there are.” Earlier this year, the Department of Labor reported a 68 per cent increase in the number of children illegally employed by US companies since 2018. A number of those children may be undocumented migrants. Read More Wisconsin teen dies in sawmill accident in one of 14 states looking to roll back child labour laws
2023-07-14 07:24
Solar Farms Out at Sea Are Clean Energy’s Next Breakthrough
Buffeted by waves as high as 10 meters (32 feet) in China’s Yellow Sea about 30 kilometers off
2023-07-14 07:23