Shein is finding itself in hot water again this month, as the Chinese fast fashion company gets hit with another trademark infringement lawsuit.
According to a new complaint filed in the U.S. District Court of Central California on Thursday, Chrome Hearts LLC is taking action against Shein’s U.S. subsidiaries (Zoetop Business and Shein US Services) for allegedly selling items that infringe on several of its trademarks.
More from Footwear News
The complaint Chrome Hearts states that Shein is on the hook for trademark infringement, false designation of origin, and unfair competition in connection with the manufacturing, marketing, and/or sale of handbags and other accessories bearing the Los Angeles-based fashion label’s marks. These marks include the Cemetery Cross Patch, CH Plus, the Dagger and CH Cross.
The luxury fashion label added that Shein intentionally “misled” and “confused” consumers by producing products with these registered marks and it has not not granted “any form” of permission to Shein to use its marks.
“Chrome Hearts purchased and inspected the accused products and confirmed they did not originate from Chrome Hearts or contain authentic Chrome Hearts marks,” the complaint stated. “Defendants [Shein] used the Chrome Hearts marks on the accused products without Chrome Hearts’ permission.”
Chrome Hearts said in the complaint that it has sold over a billion dollars’ worth of clothing, all bearing one or more of its federally registered trademarks, and has filed more than 100 lawsuits against other companies infringing on its marks in the last five years. These include suits against Fashion Nova, Guess, JC Penney, Kohl’s, Macy’s, Missguided, Nine West, Payless, Philipp Plein, Target, Walmart, and many others.
With this claim, Chrome Hearts is seeking the court to stop Shein manufacturing and selling products displaying its registered trademarks, order Shein to disclose its suppliers and manufacturers of the accused product, and recall all remaining merchandise.
Chrome Hearts is also seeking damages of up to $2 million per trademark counterfeited and infringed, per type of good, as well as applicable interest amounts, costs, disbursements, and attorneys’ fees.
In a statement sent to FN, a Shein spokesperson said: “Shein takes all claims of infringement seriously. It is not our intent to infringe anyone’s valid intellectual property and it is not our business model to do so. Shein suppliers and Marketplace sellers are required to comply with company policy and certify their products do not infringe third-party IP. We continue to invest in and improve our product review process.”
News of the suit comes on the heels of a copyright infringement lawsuit filed against Shein on July 13 by three independent artists in California.That lawsuit claims Shein produced, distributed and sold exact copies of their creative work, and says the “egregious” copyright infringement constitutes racketeering under the U.S. RICO Act.
Last month also saw H&M sue Shein for copyright infringement.
And, in May, Italian fashion brand GCDS called out Shein for allegedly copying its Morso Heel design.
Best of Footwear News