Fashion Nova is known to be the subject of numerous infringement lawsuits. A copyright and trademark infringement lawsuit, in which Versace accused the company of “deliberately selling copies and counterfeits,” has since been settled. [its] For example, the most famous and recognizable designs, marks, symbols, and other protected elements, including the famous “J.Lo dress” design, come to mind. Flip the plot. The fast fashion giant has accused Los Angeles-based Fast Inc. of obtaining product images from Fashion’s Nova website and using them on its site to compete with its interests. sued his fashion retailer. – Established competitors.

In preparation for its complaint filed in the United States District Court for the Central District of California on August 29, Fashion Nova claims it has experienced “explosive growth since the launch of its e-commerce website in 2013.” . “Ranked now[ing] One of the most viewed fashion sites in the US. Through a “dynamic e-commerce site,” Fashion Nova said: With 1,000 new styles per week, up to hundreds of new styles per day, prices typically range from $10 to $50. ”

At the heart of its e-commerce site and corresponding social media channels, Fashion Nova claims in a newly filed lawsuit: [models] worn or used [its] Products – Engage consumers and ultimately help them buy Fashion Nova products. ”

fashion nova lawsuit

In light of the e-commerce-centric venture’s success, Fashion Nova claims that budding young rival Blush Mark was “deliberately and wrongfully stolen.” [its] We use valuable product images on our website to market and sell products that directly compete with the exact same Fashion Nova products depicted in those product images. Specifically, Fashion Nova points to 11 images of him that maintain copyright registration, and that the nearly two-year-old Brushmark “downloads a digital copy from Fashion Nova’s website.” and claimed to have removed the filename (furthermore, in an attempt to obscure [its] Infringement of Fashion Nova’s copyright in and on product images owned and/or exclusively licensed by Fashion Nova”) and published on its own site without permission from Fashion Nova.

Blush Mark “engaged in the infringing use of the image in question for the purpose of marketing, advertising, promoting, offering, and selling products that directly compete with Fashion Nova’s products,” Fashion Nova alleges. Beat Fashion Nova and avoid the investment of time, money, and resources required to develop and create your own product image. ”

With the foregoing in mind, Fashion Nova has filed a single act of copyright infringement and violation of copyright management information, as it is alleged that Brush Mark removed Fashion Nova’s copyright management information regarding the product image in question. Set up billing for Retailer will be held liable for monetary damages, i.e., “all damages suffered by Fashion Nova as a result of Blush Mark’s copyright infringement of Fashion Nova’s images, and all profits, benefits and benefits realized by Blush Mark.” ” is sought. Along with injunctive relief prohibiting Brush Mark from continuing to infringe its images and from removing or altering the copyright management information associated with such images.

Copyright or competition?

Read between the lines of the Fashion Nova lawsuit and you’ll see that there’s more than a simple piracy battle going on. The lawsuit appears to focus on the competition between the two fast fashion companies, with Fashion Nova claiming that Blush Mark’s infringement occurred because new market entrants were keeping busy. .[ing] business model to replicate [the] The successful business model that has led Fashion Nova to become a leader in the ‘fast fashion’ industry” includes, “The products are the same as Fashion Nova’s, very similar, aimed at the same customers and at comparable prices. It is sold at.

In other words, Fashion Nova claims that “Blush Marks and its products are in direct competition with Fashion Nova.”

Fashion Nova has been accused in the past of trying to monopolize the market and maintain its position on the US fast fashion totem pole. Given that the company’s competitive advantage relies heavily on its ability to deliver significant volumes, it may feel threatened. Trendy clothes and accessories at low prices. After all, Blush Mark offers at least some of the very same products for even lower prices (“Styles start at $5 for him,” boasts), garnering media attention and Instagram and TikTok popularity. The number of tags is increasing. process. It’s worth noting that Fashion Nova’s products come from a collection of “hundreds of manufacturers hired by middlemen to produce garments for fashion brands.” Given the lack of exclusivity in at least some of the supplier arrangements, these garments could be purchased by other brands such as Blumark, which looks like what’s happening here. .

Even if you replicate Fast Fashion’s business model (e.g., sabotaging existing contracts with vendors to further Fashion Nova’s business, or appropriating trade secret customer and supplier lists). no), a prosecutable offense, but Fashion Nova is left with copyright infringement claims that it filed a complaint against Blush Mark as a means of undermining its burgeoning competitors. It seems

Another takeaway: The inclusive push for ESG in fashion and the often-reported trend towards sustainably-made products among Gen Z and millennial consumers, with an estimated 91.2 billion It hasn’t made much of an impact on the global fast fashion market, which is worth $30 million. Persistent competition between established entities and emerging new players as of 2021.

A representative for Blush Mark was not available to comment on the Fashion Nova lawsuit.

The case is FASHION NOVA, LLC, v. Blush Mark, Inc., 2:22-cv-06127 (CDCal.)



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