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This is a rich week for Forever 21's lawyers: besides getting up in the grille of Rachel Kane and her hysterical and dearly departed WTForever21.com blog, now they've got the task of defending themselves against Jeffrey Campbell's allegations of copycatting six pairs of shoes. It looks like it's Jeffrey Campbell's lawyers who will have the uphill climb, since the onus is on them to prove trade dress infringement -- i.e., in lieu of a copyright or a patent, that their designs are inherently unique and could have only come from one place.
Which Jeffrey Campbell ought to know something about, since they, too, have been sued on similar grounds. What's REALLY novel is that one of the six pairs that they're alleging that Forever 21 swiped from them is actually something remarkably Topshop-inspired.
We've run this one up Forever 21's legal flagpole: they can't comment now, but we'll have more words with them as the case unfolds.
· Recessionista: Authentics vs. Knock-Offs [Fashionista 101]
· "Trade Dress" Doesn't Mean Frock Swapping: Using Express V. Forever 21 as a Basic Legal Primer [Racked LA, prev.]
· Shoe Designer Jeffrey Campbell Sues Forever 21 For Copying Six Shoe Styles [Los Angeles Intellectual Property Trademark Attorney Blog]