Dive Brief:
- Tapestry is suing Shein for federal trademark infringement, false advertising and unfair competition, according to court documents filed last week.
- The Coach owner alleges the fast fashion giant designed, manufactured, marketed and sold dupes using Coach trademarks, including its signature “C” designs, the Coach name and its other logos. Attorneys for Tapestry say the products are “substantially indistinguishable” or confusingly similar to authentic Coach products.
- The products discussed in the complaint were sold through Shein’s marketplace feature, which allows third-party users to post product listings. However, when users search for “Coach” on the site, there is no designation that the products originate from a third-party seller, per the complaint.
Dive Insight:
Attorneys for Tapestry are calling for a jury trial in the complaint, which was filed March 13 in the U.S. District Court for the Central District of California.
In one example cited in the complaint, a counterfeit Coach product is marketed on the Shein website as being “100% authentic,” without any authentication from Coach.
“A consumer could also reasonably (yet mistakenly) believe that [Shein has] an association, collaboration, or authorization from [Coach] to sell Coach products on its platform,” the complaint reads.
A Shein spokesperson didn’t immediately respond to Fashion Dive’s request for comment. Tapestry doesn’t comment on pending litigation.
Shein has faced multiple lawsuits over copyright infringement from established fashion brands before, and several were referenced in the complaint, including Ralph Lauren, Dr. Martens and Levi Strauss.
But the bulk of copyright infringement cases Shein faces are from independent designers. In one instance, a lawsuit from independent designers was filed under federal racketeering laws and is ongoing.
Tapestry’s lawsuit against Shein fits into a growing trend of brands taking resale marketplaces to court.
Nike is involved in a years-long legal battle with sneaker reseller StockX over the sale of counterfeit Nike products on the platform. The case will head to trial this year.
French luxury house Chanel also has been involved in litigation with reseller What Goes Around Comes Around, since 2018. That case centers around the reseller’s use of the Chanel name in marketing materials.
