Most Hypocritical Lawsuit of All Time: H&M Is Accusing Forever21 of Copyright Infringement
H&M’s version on the left; Forever21′s knockoff on the right. Photo: @thefashionlaw/Twitter
What happened to the good old days when everyone just copied one another and there was hostility and resentment but no one ever filed a lawsuit? Let’s go back. These days, knockoffs don’t seem to be any more prevalent than in the past, but the fight for who was first has taken center stage. And it seems with the latest copyright complaint, we’ve reached peak litigiousness. According to The Fashion Law, H&M is suing Forever21 for copyright infringement, trade dress infringement, false designation of origin, and unfair competition over a canvas tote with the words “Beach Please” in bold block letters written over a neon palm tree landscape.
The complaint was filed a few months ago, throwing down the gauntlet between two of the most successful fast fashion franchises of our time. The Swedish side of the battle claimed in legal documents that an in-house designer was the brains behind “Beach Please” and the item went into stores worldwide in April 2014. In June 2015, the company’s federally registered copyright on the design went into effect and now H&M is demanding the California-based retailer cease production, strip the item from shelves, and pay H&M for any profits made.
Let’s point out the obvious: it’s pretty hypocritical for H&M to go after another company considering its own transgressions in the mimicry department, let alone one that preaches the same dubious practices it so often partakes in. Aeropostale accused it of stealing some of its trademarked slogans such as “Live Love Dream” and “Aerospace.” Fashionista noted that Prabal Gurung’s $995 was basically being sold for $59.95 at H&M and it recently settled with Converse for selling copycat shoes.
Here’s the moral of the story: Please beach, practice what you preach.
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