Inditex , Spain and its renowned fast fashion vertical Zara are suing Los Angeles based fashion brand Thilikó, LLC of copyright infringement, deceptive trade acts and unfair competition, that is misleading consumers . The company alleges that Thilikó, LLC which is just 2 years old and its founder Queenie Williams are passing off Zara’s fashion wares as their own, by acquiring Zara garments, replacing Zara tags with their brand name , Thilikó ; along with , “high mark-ups.”
Besides Zara claims misrepresentation and deceptive trade acts where Thilikó is uploading copyrighted product photographs and images from Zara’s website and “misusing” them for false advertising to customers. Inditex asserts to have identified more than 32 images that are in breach of its copyright.
The copyright infringements and false advertising is being attended to under the New York state law, and offenses against trademarks under New York Art & Cultural Affairs Law.
Even though the brand remains in clear violation of copyright however, there is high plausibility Thilikó’s lack of procurement due diligence . It is possible that the brand is procuring from manufacturers who are counterfeiting Zara’s designs and are using product images in their supply catalogues. The case is under consideration and one has to wait and learn . However what do you think who is at fault ? Do you think Thilikó faltered on their IP due diligence? comment below
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