H&M is suing fast fashion retailer Shein for copyright infringement

H&M has filed a lawsuit against popular fast fashion retailer Shein for copyright infringement, according to court documents filed in Hong Kong.

Hennes & Mauritz, the Swedish fashion brand better known as H&M, has accused competitors of copying its designs in the new lawsuit. The company is seeking unspecified damages and an injunction to stop Shein from violating its copyrights and trademarks.

Zoetop Business Co, the Hong Kong-based entity that previously owned Shein, and Shein Group Ltd are named as defendants in the court filing. The litigation series has reportedly been ongoing since July 2021.

Based on Bloomberg, the filing included photos of H&M items, such as swimwear and sweaters, as evidence that Shein had stolen her designs. In a statement to Independent, an H&M spokesperson confirmed that the company has an ongoing copyright infringement lawsuit against Shein that was filed in Hong Kong.

We believe that Shein has in many cases violated our design and have therefore filed this suit. As the case is still pending, we have chosen not to comment further, they said.

The copyright infringement case was first heard in a Hong Kong court last September, and the judge allowed the case to proceed, according to separate documents released in May. The final hearing took place at the Hong Kong High Court on June 21, followed by another hearing on July 31.

The new lawsuit comes less than two weeks after Shein was accused by the independent designer of extortion activities related to violations in the RICO lawsuit. The lawsuit, filed July 11 in California federal court, claims the clothing giant has used secret algorithms to identify trending art and allegedly reproduced artist designs for its fast fashion website.

The brand has made billions by creating secret algorithms that miraculously determine nascent fashion trends and by combining them with corporate structures, including production and fulfillment schemes, that are perfectly executed to grease the wheels of algorithms, including the unsavory and illegal aspects, claim artists Krista Perry, Larissa Martinez, and Jay Baron.

The plaintiffs also claim RICO, a federal law designed to fight organized crime in the United States. The law, which stands for Racketeer Influenced and Corrupt Organizations Act, allows individuals or organizations to bring civil suits against racketeering activities carried out as an ongoing criminal enterprise.

According to the lawsuit, the artists allege that Shein’s confusing corporate structure allows the company to avoid liability in cases of intellectual property infringement, adding that the brand’s first line of defense when facing a copyright or trademark cease-and-desist is to remove products from its website by blaming the blame on others. [Shein entity] actor (implying the actor is independent).

As a result, the artists accused Shein of various acts of racketeering and criminal copyright infringement and are seeking past and future damages, as well as compensation for legal costs and damages to prevent further racketeering activity.

In a statement to Independent, a spokesperson for Shein said at the time: SHEIN takes all claims of infringement seriously, and we take swift action when complaints are filed by legitimate IP rights holders. We will vigorously defend ourselves against this lawsuit and any inappropriate claims.

Independent has reached out to Shein for comment.