According to the complaint that Versace filed in a New York federal court on Monday,”Fashion Nova’s ability to churn out fresh clothing so quickly” — and therefore cheaply – “is due in large part to its willingness to copy the copyrighted designs, trademarks and trade dress elements of renowned designers, and commerce in their creative efforts so as to strengthen [its own] bottom line.
The latest brand to fall prey to the new willful infringement scheme? Versace.
Versace is taking on notorious copycat Fashion Nova for selling”deliberate copies and imitations of all [its] most famous and identifiable designs, symbols, symbols and other protected elements” — out of its famed black and gold Barocco print into the”Jungle Print” apparel that Jennifer Lopez made famous in 2000 — in an effort to”exploit the fame and renown of Versace’s signature designs, and also to trade on [its] precious goodwill and business reputation in order to drive earnings and profits to lineup Fashion Nova’s pockets” To be accurate, Versace claims that Fashion Nova copied its copyright-protected”Pop Hearts” and”Barocco – 57″ prints and replicated them on its own wares in violation of federal copyright law.
In furtherance of a bigger practice of”willful” infringement, the Los Angeles-based speedy fashion manufacturer has made use of an array of Versace’s federally protected trademarks, such as its various”Greca” connection patterns, which can be”among the most well-known designs in the style world, and instantly recognizable by consumers as signatures [of] Versace.”
Despite officially notifying Fashion Nova of its allegedly”infringing activities” on”multiple occasions before filing this lawsuit, including on or about July 26, 2019, September 20, 2019, October 1, 2019 and November 13, 2019.
Versace asserts that the company has continued to use”layouts that are substantially similar to this Versace copyrights and confusingly similar to the Versace trademarks and trade dresses, in violation of Versace’s exclusive registered copyrights, registered trademarks, common law trademarks, and identifying trade dresses” Still yet, Versace claims that Fashion Nova takes matters a step further and”deceives unknowing customers by using the Versace trademarks,” including the brand’s name,”without consent within the material, text and/or meta tags of its website in order to attract search engines crawling the Internet searching for sites relevant to customer searches for Versace apparel.”
Add to that, its”other unauthorized search engine optimization strategies and/or social websites spamming,” that Versace claims that the company uses to ensure that”Fashion Nova webpages show up in or near the top of search results and misdirect customers looking for Versace apparel.
Versace points to a dress out of Fashion Nova’s Halloween collection, which will be a dead ringer for the one which Jennifer Lopez wore to the Grammy Awards. As one of those”most iconic gowns of all time,” Versace claims that consumers instantly associate it with a single source (Versace), therefore, giving rise to trade dress protections in the design, which consist of a”distinctive mix” of a”green tropical foliage and bamboo layout, plunging neckline extending to the navel, high-cut leg slit, circular brooch where the plunging neckline matches the high-cut leg slit, and long, flowing sleeves” Fashion the variant of the dress copies of Nova each one of those components, per Versace.
Together with the foregoing”unlawful acts” in mind, which have”irreparably harmed its own brand and its own exceptionally valuable goodwill among consumers.
Versace claims that Fashion Nova is on the hook for copyright infringement, trademark infringement and trade dress infringement, among other claims. Versace states it is seeking monetary damages in a sum to be determined at trial, injunctive relief, and more commonly, wants”to bring an end to Fashion Nova’s latest brazen attempt at copying the work of yet another famous and world-renowned designer.
The Milan-based fashion home asserts that”in obvious disregard of its rights,” Fashion Nova has”made, sold and marketed clothing working with the same or substantially similar copyrighted designs and confusingly similar trademarks and trade dress” without its authorization, giving rise to a likelihood that consumers might be confused into believing that Fashion Nova’s goods are”manufactured or approved by, or in some way related to, Versace,” when they are not, and more commonly, causing significant damage to Versace’s wildly valuable intellectual property rights.