Old Navy sued by Lilly Pulitzer in copyright infringement case

Fabric designer Lilly Pulitzer, known primarily for its bright patterns and unique look, just filed a lawsuit against clothing retailer Old Navy alleging that the Gap subsidiary stole two fabric prints and marketed them as its own.

While clothing designs are usually not covered by intellectual property law, unique fabric prints and fabrics are protected. In the lawsuit, Sugartown Worldwide, the owner of the Lilly Pulitzer brand, says that Old Navy's knock-offs have caused the company "irreparable harm."

This isn't the first time Old Navy has been sued for copyright infringement. Last fall, the company was sued by American shoe designer Bernado for stealing several sandal designs. Before that, Old Navy was sued in 2011 for a series of TV ads featuring a model that looked uncannily like Kim Kardashian.

The patterns in question are "High Tide," a blue green impressionist print of a beach, and "Sparks Fly," which depicts sailboats and fireworks pressed against a dark blue background. The patterns were originally designed in 2013, and saw a wide scale, advertised release in 2014. Sugartown claims that this advertisement gave Old Navy enough exposure to the patterns to be able to imitate them. Before the lawsuit was even filed, a large volume of posts on social media highlighted the similarities.

Sugartown is seeking damages as well as a court ordered injunction that would prevent Old Navy from continuing to sell its designs.

If you believe someone is unfairly profiting off of your work without your permission, it's important to contact a skilled business attorney as soon as possible. A lawyer can help protect your rights in case of litigation, and get you just compensation.

Categorised in: Intellectual Property Law

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