×
100 060
Fashion Jobs
TAPESTRY
Manager, Oms Operations
Permanent · North Bergen
BANANA REPUBLIC
General Manager - Shoppes at Susquehanna Marketplace
Permanent · Harrisburg
BANANA REPUBLIC
General Manager - Elmwood
Permanent · Harahan
BANANA REPUBLIC
General Manager- East View Mall
Permanent · Victor
CENTRIC BRANDS
Coordinator, Sales Operations
Permanent · New York
MACY'S
Asset Protection Detective, Newport Centre - Part Time
Permanent · Jersey City
MACY'S
Asset Protection Detective, Topanga - Full Time
Permanent · Los Angeles
MACY'S
Manager, Asset Protection - Multi Store
Permanent · Milford
MACY'S
Asset Protection Detective, Newpark - Part Time
Permanent · Newark
MACY'S
vp, Technology Business Management
Permanent · Johns Creek
MACY'S
Asset Protection Detective, West County Center - Full Time
Permanent · St. Louis
MACY'S
Asset Protection Detective, University Square - Part Time
Permanent · University Heights
MACY'S
Asset Protection Detective, White Marsh - Full Time
Permanent · Nottingham
MACY'S
Asset Protection Detective, River Oaks Center - Part Time
Permanent · Calumet City
MACY'S
Asset Protection Detective, Park Meadows - Full Time
Permanent · Lone Tree
MACY'S
Asset Protection Detective, Victor Valley - Full Time
Permanent · Victorville
WATCH STATION
Photo Art Director - Portfolio And Wsi
Permanent · Dallas
OLD NAVY
Asset Protection Service Representative - Downey Landing
Permanent · Downey
OLD NAVY
Assistant General Manager , Merchandise - Ridgeway Center
Permanent · Stamford
OLD NAVY
General Manager - Greenwood Commons
Permanent · Greenwood
H&M
h&m - Retail Store Visual Manager
Permanent · Cherry Hill
BLOOMINGDALE'S
Asset Protection Outlet Supervisor, Full Time: Outlets at Orange
Permanent · Orange
Published
Dec 12, 2017
Reading time
2 minutes
Share
Download
Download the article
Print
Click here to print
Text size
aA+ aA-

Californian court orders H&M to pay for copying Unicolors' fabric

Published
Dec 12, 2017

A jury in California has awarded Unicolors almost $850,000 in its copyright suit against H&M, finding after a trial that the fast fashion giant willfully infringed on the LA-based textile company's fabric pattern.

Unicolors (left); H&M (right)


Unicolors brought the lawsuit in California federal court in April of last year. The Vernon, CA-based textile manufacturer claimed H&M copied its protected pattern for both a skirt and a jacket. A day long trial before a jury resulted in Unicolors being awarded a verdict for $846,720.

While H&M is no stranger to being accused of copyright infringement, Unicolors sits on the opposite end of the spectrum as an entity some are calling a copyright troll. ("Copyright troll" is a spinoff of patent troll, the derogatory classification given to someone who is a registered owner of a patent who pursues frequent legal action to protect their patent far beyond the reasonable market value or significance of the intellectual property.)

To that end, Unicolors filed about 100 similar lawsuits last year alleging copyright infringement of its fabric pattern. Defendants included Nordstrom, Urban Outfitters, Zara, and Ivanka Trump. While retailers occasionally fall victim to copying inspiration too closely, Unicolors has been accused by opposing parties of "legalized extortion."

Despite the harsh words exchanged in legal disputes, very few of these copyright cases go to trial due to expense. It is often more convenient for a company that gets sued to settle.

The recent Unicolors suit against Urban Outfitters was one of the few that went to trial. Urban Outfitters prevailed and was able to show there was no infringement.

The H&M trial had a different result. It revealed that a jury believed H&M had access to the Unicolors fabric design, likely through a converter or shared factory. The jury then agreed with Unicolors that H&M copied their fabric.

While an $850,000 settlement and accompanying legal fees is not going to significantly impact H&M's multi-billion dollar business, the verdict sets an interesting precedent as far as what American juries are willing to tolerate in fashion copyright cases. It will be interesting to see whether H&M appeals the decision or whether it will accept the trial court's verdict.

Copyright © 2021 FashionNetwork.com All rights reserved.