Direct Copyright Infringement, Sarah Evans Barker, Tim A. Baker, Vicarious Copyright Infringement
An Indiana copyright lawsuit has been filed by Taylor Shaye Designs, a jewelry designer and retailer/wholesaler from Louisiana.
The defendant, located in Whitestown, Indiana, is the apparent U.S. sales and distribution arm of the global Shein conglomerate, a Chinese online fast fashion retailer that is known for selling inexpensive apparel, jewelry, and other accessories.
The defendant is accused of copying the plaintiff’s registered “Let’s Go Girls” jewelry design.
The standard for determining whether the reproduction right in a copyrighted work has been infringed is “substantial similarity.” Blog readers can judge for themselves whether the above designs have substantial similarity. Hopefully the lawsuit will see an argument that the designs are not substantially similar but I anticipate either a jurisdictional challenge or a discrete settlement as the most likely outcomes. Either way, stay tuned to this blog for updates.
Taylor Shaye Designs LLC v. Shein Distribution Corp.
Court Case Number: 1:23-cv-00624-SEB-TAB
File Date: April 11, 2023
Plaintiff: Taylor Shaye Designs LLC
Plaintiff Counsel: Bradley M. Stohry of Reichel Story Dean LLP
Defendant: Shein Distribution Corp.
Cause: Direct Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Tim A. Baker