Diane von Furstenberg Sues Forever 21

Wednesday, March 28, 2007 by Wendy Lam

DVF Aubrey Dress vs Forever 21 Pinecone Dress

Wow, if I was Diane von Furstenberg I would be mad too…according to WWD, DVF filed a copyright infringement lawsuit against Forever 21 last week for copying its Cerisier and Aubrey designs. Looking at the dresses they do look nearly identical especially the Cerisier Dress. The price difference is about 10 times cheaper at Forever 21, but if it makes you feel better being “copied” means your designs are popular (though I don’t support it). Even though this sounds bad, but if a brand is not replicated that means your stuff is not that popular (IMO), I’m suprised these two Forever 21 dresses are still available online, perhaps after today it will be sold out haha. I honestly think there is nuttin’ a designer can do to stop another company from copying its designs, you sue them once they come back again…sigh…that’s reality. eBay is selling the DVF Cerisier and Aubrey dress a lot cheaper if you’re looking to buy it (be sure to check authenticity, I’m not sure if they make fake DVFs). Nope, I did not cop these, not my style and I don’t want to be embarrassed neither haha. Peep the Cerisier Dress replica and read the full story after the jump…

DVF Cerisier Dress vs Forever 21 Silk Sabrina Dress

By Liza Casabona, WWD 

Diane von Furstenberg continues to take the protection of her intellectual property very seriously.

Diane von Furstenberg Studio filed a copyright infringement lawsuit against Forever 21 Retail Inc. late last week in Manhattan federal court. According to legal documents obtained Tuesday, the company alleged Forever 21 has sold dresses that infringe on its Cerisier and Aubrey designs.

“Without authorization or license from DVF, Forever 21 has produced and is marketing, advertising, distributing, offering for sale and selling dresses nearly identical to DVF’s Cerisier and Aubrey dresses that bear print designs identical to the DVF copyrights,” according to legal papers. The complaint goes on to allege that Forever 21’s merchandise copied the exact scale and color for each design and that the infringement was willful.

Forever 21 did not return requests for comment by press time.

The Cerisier dress design, part of the company’s holiday collection shown in October, consists of two print designs owned by DVF Studio called the “small dentelle” and “flower lace border” designs. The Aubrey dress was first shown in the DVF spring 2006 fashion show in September 2005, according to court papers. The Aubrey dress has a print design on it called “mimosa,” which is also owned exclusively by DVF.

The complaint contains allegations of copyright infringement, federal and state unfair competition, false designation of origin and unlawful deceptive acts. DVF asked the court to require Forever 21 to recall and remove from commercial distribution or display any items that infringe on its copyrights as well as any promotional materials related to those goods. The complaint also asked for unspecified financial damages.

Von Furstenberg herself spoke recently with WWD about the implementation of a new program at DVF aimed at protecting the brand’s intellectual property. The firm established a three-year strategy to address counterfeiting and intellectual property issues. The company is working with lawyer Harley Lewin, of Greenberg Traurig, on the program. In recent months, the company has quietly filed a handful of lawsuits in jurisdictions all over the country, including California, New York, Georgia, Florida and Virginia.

Forever 21 has found itself the defendant in copyright litigation over fabric before. In January, the company was sued for allegedly infringing on a fabric copyright owned by M.M.P. Inc., which does business as Fabric & Fabric. The privately held company currently operates more than 300 Forever 21 stores and approximately 100 Gadzooks stores nationwide.


Categories: fashion


11 thoughts on “Diane von Furstenberg Sues Forever 21

  1. first i was gonna write …o its not the same..then i seen the second dress..omg….well hey i will still b shoppin F21

  2. OH PLEASE! Tell me is the orginal designer who designed that design in the sixties coming out to file a suit? I don’t think so, get over it. Yes it is “like” it but is not exactly like it, I don’t see where they copied her label, and changed only one letter or something alone those lines and claiming that she designed it. NOPE don’t see that one at all. Hey wait, my mom made a dress like that for my sister back in the sixties! I should file a copyright lawsuit. I think my sister still has that dress!! Sheesh people do you not have enough money? The best flattery is imitation. Dang if I designed something and someone else came along and copied it, I would be flattered. So F21 does us poor folks a favor and gives the younger generation a chance to wear hip clothing. What about Gloria’s lawsuit? hmmm can someone say “HELLO KITTY??”

  3. These are freaking identical. DVF makes really cute dresses so i’m not surprised someone is copying her. I would never buy a knock off because i think the designer deserves credit. If you can’t afford it then just go for the sample sales. DVF is having one today actually on hautelook.com. They have sales up to 75% off. I just got two dresses fro a great deal.

  4. “The company is working with lawyer Harley Lewin, of Greenberg Traurig, on the program. In recent months, the company has quietly filed a handful of lawsuits in jurisdictions all over the country, including California, New York, Georgia, Florida and Virginia.”

    Diane was in a suing mood. Her choice of Lewin to file lawsuits on her behalf was an unfortunate one. Lewin and other Greenberg Traurig attorneys veered into unlawful and unethical waters in their conduct when conducting ‘raids’ on DVF’s behalf. Clearly they see themselves as being above the law. As a result they have opened their client’s, DVF and Hermes, to liability. See: http://www.courthousenews.com/2008/12/11/Couple_Sues_New_Yorker_&_Greenberg_Traurig.htm). DVF of course has every right to protect her trademark interests but not to violate the civil rights of ‘alleged’ infringers and to pursue overly aggressive and grossly punitive legal tactics in doing so.

  5. i feel that Diane needs to stop being selfish and stop being a rich bitch. I mean those flowers been around for thousand of years and she copied that!!! plus that same dress cutt the shape of the dress has been made since before the 1800's.So her entire outfit is an INFRINGEMENT!!

  6. Yes it looks very much the same, but normal women cannot afford designer clothing. Im sorry, i live in Oklahoma, where the heck am I going to find a DVF dress??!!. Much less be able to afford it! I understand that fashion is an art, but sadly its an art for the wealthy ( and if your not wealthy your stupid for spending so much on clothes!), Forever 21 should try to make the dresses a little more different, but at the end of the day, if I am wearing that dress in Oklahoma no one will ever ask me "hey is that a DVF original?"

  7. Oww come on, they are really like twins, its like I'm playing spot the differences. But we should be thankful having talented designers that can possibly replicate "hellah expensive" dresses and sell them in cheap. I swear wear it and nobody dares to ask you is that's the original DVF, I bet!

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