Software piracy in fashion law.
We have grown accustomed to fast fashion stores borrowing/stealing/mimicking the works of other designers.
On any given day you can go onto Forever 21’s website and play a favorite pastime I will call “whose design is it anyway?”
For example, below are some boots by Rag & Bone and Forever 21. Forever 21’s knockoffs are priced over $450 less than the Rag & Bone originals.
Can you tell which is the designer pair and which is the designer knockoff?
Forever 21’s blurred lines of ownership of creativity may not end with its adoption of another’s designs.
According to latest fashion law news, Forever 21 may be making misuse of other intellectual property: copyrighted software.
Forever 21 is now accused of software piracy.
Fast fashion’s knockoff giant is accused of software piracy.
Adobe Systems and others filed suit against Forever 21 for allegedly (1) pirating copies of Photoshop and other software and (2) circumventing technological measures that control access to software.
Adobe Systems and others file fashion law case against Forever 21
On January 28, 2015, Adobe Systems, Autodesk, Inc., and Corel Corporation, filed suit demanding a jury trial against Forever 21.
This fashion law complaint claims that Forever 21’s actions are:
“willful, intentional, and malicious copyright infringement has caused and will continue to cause Plaintiffs to suffer substantial injuries, loss, and damage to their proprietary and exclusive rights.”
Trials can be expensive. And Adobe has significant documentation on the alleged violations. So it is plausible that Forever 21 may pay its way out of this mess instead of going to trial. This is especially the case if Forever 21 has other things they do not want to come out during discovery.
Either way, this case may serve as a good reminder to individuals and companies that pirating is not just a moral or ethical wrong. Software piracy is an illegal activity.