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Fast fashion retailer Shein accused of racketeering and copyright infringement in lawsuit
Fast fashion retailer Shein has been accused by independent designers of infringement-related racketeering activities in a new lawsuit. According to The Fashion Law, a lawsuit was filed on Tuesday (11 July) in California federal court that accused the clothing giant of using a “secretive algorithm” to identify trending art and allegedly reproducing the independent designs for its fast fashion website. The three independent artists suing Shein – Krista Perry, Larissa Martinez, and Jay Baron – claimed both Shein and its parent company, Zoetop Business Company, Ltd, engaged in “produc[ing], distribut[ing], and selling exact copies of their creative works,” which they allege is “part and parcel of Shein’s ‘design’ process and organizational DNA.” In the suit, Perry, Martinez and Baron claim Shein replicated “truly exact copies of [their] copyrightable graphic designs” such as Berry’s artwork titled “Make It Fun” and Blintz’s “Orange Daises” design. Barron’s “Trying My Best” artwork, which they claim was also copied by Shein, is not only a registered copyright but the phrase was also trademarked by Barron. As a result, the plaintiffs argue that they “have suffered and will continue to suffer substantial damage” to their businesses and “a diminishment in the value of their designs and art, their rights, and their reputations”. In the complaint, the plaintiffs allege that Shein created a “secretive algorithm” to identify growing fashion trends and “produce very small quantities of [its] item for sale” – as 100-200 units per SKU – in the case that an artist claims “the design was stolen”. “The brand has made billions by creating a secretive algorithm that astonishingly determines nascent fashion trends – and by coupling it with a corporate structure, including production and fulfillment schemes, that are perfectly executed to grease the wheels of the algorithm, including its unsavory and illegal aspects,” the artists argue in the suit. “When Shein copies a small or independent designer, the most likely outcome (without brand protection specialists and specialized software on the lookout) is that the infringement will go unnoticed,” the complaint reads. The lawsuit named Chris Xu as the maker behind the algorithm, a “mysterious tech genius” who has allegedly made Shein “the world’s top clothing company through high technology, not high design.” While Shein has faced many lawsuits in recent years, the newest complaint is notable for its Racketeer Influenced and Corrupt Organizations Act (RICO) claim. RICO is a federal law designed to combat organized crime in the United States, and individuals or organisations can use the RICO Act to file civil claims against racketeering activities performed as an ongoing criminal enterprise. Another requirement to file a RICO claim is that the offending party is not just an individual or business but a criminal organization, as the suit claims Shein’s alleged infringement activity is “committed not by a single entity, but by a de-facto association of entities.” The plaintiffs claim that Shein’s “confusing corporate structure” allows the company to “avoid liability” in the case of intellectual property infringement, adding that the brand’s “first line of defense” when facing a copyright or trademark cease and desist is “removing the product from its sites with blaming the misconduct on another [Shein entity] actor (implying such actor is independent).” As a result, the artists have accused Shein of “multiple acts of racketeering and criminal copyright infringement” and are seeking past and future damages, as well as compensation for legal fees and injunctive relief to “prevent further racketeering activity”. This is not the first time Shein has faced accusations of infringement. In May, artist Maggie Stephenson settled with Shein for an undisclosed amount after she filed a $100 million lawsuit last year. That same month, Italian fashion designer Giuliano Calza claimed the retailer stole shoe designs from his streetwear label, GCDS. The new lawsuit comes after a Shein-sponsored influencer trip made headlines for promoting Shein’s factory in Guangzhou, China. The influencers were invited to tour Shein’s “innovation factory”, as they posted videos showing a clean, brightly lit factory with automated bots assisting in processing and packaging orders. However, the influencer trip faced backlash as many pointed out the fast fashion company’s accusations of labour abuse and its negative impact on the environment. The Independent has contacted Shein for comment. Read More Italian designer launches scathing attack on Shein over ‘stolen ideas’: ‘Maybe I am the fool’ Influencers face backlash for promoting Shein factory during PR trip in China Parent company of fast-fashion brand Shein to pay New York state $1.9m for data breach Shein accused of racketeering and copyright infringement in lawsuit Barbie premiere: All the best pink carpet looks as Margot Robbie film shows in London Why these women are – and aren’t – shaving their armpits this summer
2023-07-14 13:47

'The Exorcist: Believer' takes possession of box office with $27.2 million opening
“The Exorcist: Believer” took possession of the weekend box office with a North American opening of $27.2 million
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Why did John Mayer and Taylor Swift split? Singer posts 'please be kind' message ahead of 'Speak Now' re-release
John Mayer and Taylor Swift were in a brief relationship in 2010 before breaking up
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John Oliver's campaign for a 'puking bird' pays off in New Zealand's Bird of the Century contest
Comedian John Oliver has succeeded in his campaign to have what he describes as a weird, puking bird with a colorful mullet win New Zealand’s Bird of the Century contest
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Mike Pence challenges rivals to back 15-week abortion ban
The ex-vice-president calls on Republicans to support a 15-week ban as a "minimum nationwide standard".
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Taiwan vice president returns from sensitive visit to US
By Fabian Hamacher and Yimou Lee TAOYUAN, Taiwan (Reuters) -Taiwan Vice President William Lai returned on Friday from a sensitive
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Pope arrives in Portugal as country grapples with clergy sexual abuse
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‘My baby’s big blue eyes drew endless compliments - but they were the sign of a life-changing condition’
A baby’s “beautiful big blue eyes” which were complimented by everyone - turned out to be a symptom of a condition causing blindness. Louise Bice, 34, was stunned when her daughter, Aretria, was born with big blue eyes - a trait nobody else in the family had. Her “beautiful” eyes would see the tot complimented “six or seven times every day” by strangers - which Louise loved. But at six months old, in May 2023, one of Aretria’s baby blue eyes turned “milky” and any light caused the tot to scream in pain. Louise and her partner, Connor Bice, 29, a chartered accountant, thought their youngest daughter might have hit her eye with a toy. But the family were told Aretria - now 10 months old - had a severe case of bilateral congenital glaucoma, a genetic abnormality which saw extreme and growing pressure on the optic nerve. Her much-loved big eyes actually required urgent surgery. Tiny Aretria had a four-hour operation at Birmingham Children’s Hospital in June to relieve the pressure - but follow-up tests showed it had failed. She had a second surgery in August and her parents are awaiting the results - although the tot has lost almost 100 per cent of her vision in one eye already. Mum Louise wants to warn other parents to look for the symptoms - and to not assume big eyes are “beautiful” when they could be a sign of something more serious. Louise, a stay-at-home mum, from Mansfield, Nottinghamshire, said: “I never expected Ari’s big, beautiful eyes to be a bad thing. “Suddenly one day her eye clouded over - one minute it was fine and 15 minutes later it was completely changed. “Specialists had to do horrific tests on her and I learned she had already lost some vision in both eyes. “After two surgeries we still don’t know what will happen - she already has just five per cent vision left in her right eye. “She’s in so much pain and I don’t know if she can cope with another surgery. “I just think if we had managed to get this diagnosed before the pressure got out of control, she might not now be blind in one eye. “If someone had said it was weird, she had big eyes rather than cute we might have got it checked - but none of us knew it was even a red flag.” After Aretria was born on October 20, 2022, her big eyes became a source of many compliments from friends and family. Her parents even lovingly likened their little one to a cartoon bug, thinking nothing of it. Even doctors and health visitors thought they were sweet - and nobody mentioned any risks. But on May 20, Louise popped to the shop and when she returned 15 minutes later one of her daughter’s eyes was clouded. Louise said: “Connor sent me a picture that morning of the two of them together while I was out and her eyes were fine. “When I got back her right eye had clouded over. “I hadn’t even got through the door when I said ‘we need to take her to A&E right now’.” They went to their local hospital, King’s Mill, Mansfield, then were sent to Chesterfield Royal Hospital, Derbyshire, where doctors identified the high pressure but couldn’t work out why it was happening. They were then booked in to see specialists at Queen’s Medical Centre, Nottingham, two days later on May 22. Aretria’s condition was finally diagnosed - as bilateral congenital glaucoma - and even the specialists said they’d only seen a handful of cases. Medics explained the little girl needed surgery but warned even then, she’d be left with little vision in her worst eye because the damage had already been done. Louise said: “Doctors said she had been exposed to high eye pressure from birth because her fluid drainage system didn’t form properly in her eye when she was still in the womb.” A surgery was scheduled at Birmingham Children’s Hospital, West Midlands, for June 13 which saw the tot go under the knife. The four-hour procedure was followed by a month of eye drops six times a day as well as having protective eye shields taped onto her face for a week. Louise said: “We didn’t get any sleep for about a week after and hoped that would be the last of it. “But two weeks later when we went back for her post-op, the pressure readings were even higher than before. “The operation had failed - and she would need more surgery.” A second operation was done on August 18 - and it was again followed by a gruelling recovery for the tot, who couldn’t understand why any of it was happening. They’re still waiting for official results, but signs so far suggest the surgery may have been unsuccessful for a second time. Louise said if that’s the case, medics will move on to a different kind of surgery to release the pressure involving drainage tubes or valves. She fears the tot “might not cope with another surgery” - but they may not have a choice. While Aretria’s vision is virtually gone in her right eye, her left eye is compensating - although Louise and Connor fear the vision will worsen in her good eye too. Louise wants to warn parents to look out for the symptoms - even if they might not seem sinister. She said: “Before, she used to get compliments about her eyes six or seven times a day. “Now I just feel really awkward when people say it. “Aesthetically it might be, but having these big, beautiful eyes isn’t always a good thing. “If we knew that before, she might not be blind in her right eye now.” Read More GoFundMe for actor blinded in attack over Covid mask tops $15,000 He couldn’t see his wedding. But this war-blinded Ukrainian soldier cried with joy at new love A camp teaches Ukrainian soldiers who were blinded in combat to navigate the world again ‘Millions of women and girls suffer severe pain’ during periods – research finds Miriam Margolyes jokes that her ‘longing for fudge’ caused her health issues 5 things everyone needs to know about eczema
2023-09-18 18:25

Boeing loses $1.6 billion on fewer deliveries of airliners and higher costs for Air Force One jets
Boeing is reporting a loss of $1.64 billion in the third quarter
2023-10-25 20:29

Kentucky Republican Daniel Cameron picks conservative senator as running mate in race for governor
Kentucky Republican Daniel Cameron has selected state legislator Robby Mills as his running mate in his campaign for governor
2023-07-19 21:26

Truck driver indicted on manslaughter charges after deadly Oregon crash that killed 7 farmworkers
The semitruck driver involved in a crash on Interstate 5 in Oregon earlier this month that left seven farmworkers dead has been indicted on charges of manslaughter
2023-05-31 09:50
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