Kmart and Shein Contest Design Copying Claims by Sabo Skirt in Federal Court
Shein, Kmart deny copying designs from Queensland retailer Sabo Skirt
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Kmart and Shein have denied allegations from Queensland retailer Sabo Skirt claiming that they copied designs in an ongoing intellectual property dispute. The case will return to the Federal Court in Queensland on July 7, where both companies challenge the originality and ownership of the designs in question.
- 01Sabo Skirt accused 19 businesses of copying designs, but has since dropped claims against seven.
- 02Kmart and Shein argue that Sabo Skirt's designs are not original and lack copyright protection.
- 03Kmart presented nearly 50 images predating Sabo Skirt's registered design to support its claim.
- 04Selfie Leslie claimed it was unaware of Sabo Skirt's designs before receiving legal demands.
- 05Billy J denied allegations of copying and reverse-engineering Sabo Skirt's garments.
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Kmart and Shein have responded to allegations from Queensland-based fashion retailer Sabo Skirt, which accused them of copying designs in an intellectual property dispute currently in the Federal Court of Queensland. The dispute involves 19 businesses, with Sabo Skirt alleging infringement on 36 different garments. As the case progresses, Sabo Skirt has withdrawn claims against seven companies. Both Kmart and Shein contest the originality of Sabo Skirt's designs, asserting that they do not hold copyright due to a lack of distinctiveness. Kmart provided evidence of nearly 50 designs published prior to Sabo Skirt's registration of its 'shoreline design,' while Shein submitted images of earlier designs similar to Sabo Skirt's 'Terazza' dress. Selfie Leslie and Billy J also denied the allegations, with Selfie Leslie stating it had never sold the accused garments and Billy J refuting claims of reverse-engineering. The Federal Court will reconvene on July 7 to further examine the dispute.
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The outcome of this case could affect the fashion retail landscape in Australia, particularly for smaller brands like Sabo Skirt.
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