Fabric supplier targets Zara in copyright complaint

Spanish fashion brand Zara is at the centre of a copyright infringement lawsuit filed yesterday.

Gold Value International Textile, which does business as Fiesta Fabric, filed its complaint (pdf) at the US District Court for the Central District of California on Monday, October 29.

Los Angeles-based Fiesta Fabric has been a textile supplier in the region since 1989. According to its website, the company focuses on “prints, embroideries, laces and novelty fabrics”, which it supplies to “some of the most exciting labels”.

At the centre of the complaint is an original 2D artwork which Fiesta Fabric claimed to have designed for the purpose of textile printing.

The supplier said that the design, which features a floral pattern stitched in white thread on a black material, is registered with the US Copyright Office, but the complaint did not indicate when the design was created or registered.

Fiesta Fabric alleged that, without authorisation, Zara has created and sold garments made with a fabric featuring a similar design to its own copyright-protected design.

A photograph of one accused product shows a dark orange garment with a floral pattern stitched in a thread of the same colour.

Fiesta Fabric claimed that a side-by-side comparison of the disputed products and its copyright-protected design shows that “the overall look and feel and constituent elements of the designs are substantially similar”.

Fiesta Fabric listed John Doe manufacturers and suppliers as defendants alongside Zara, as they allegedly supplied “fabrics and other products printed with plaintiff’s copyrighted design”.

The supplier said that it has suffered substantial damage to its business as a result of the infringement, and should be awarded general and special damages.

Fiesta Fabric claimed that, as the infringement is wilful, intentional, and malicious, each defendant is liable for statutory damages up to $150,000 for each instance of infringement. The wholesaler also asked to be awarded all profits, plus its losses, and any other monetary advantage gained by Zara.

Finally, Fiesta Fabric asked that the defendants are enjoined from infringing its copyright and that they pay the costs of the legal action.

This is not the first time that Zara has been accused of falling foul of copyright law.

Earlier this year, the Court of Milan upheld counterfeiting allegations against the fashion brand, in a decision which confirmed that damages for registered and unregistered designs may be claimed in an EU jurisdiction other than the main defendant’s home state.

Also this year, a South African designer accused Zara of copying one of his signature patterns and using the design on socks.