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Tapestry, the owner of the luxury brand Coach, is suing Chinese fast fashion e-retailer Shein for trademark infringement, counterfeiting and unfair competition at a Californian district court.
Tapestry, represented by boutique firm Blakely Law Group, details in the complaint filed on 13 March that Shein manufactures, advertises and sells “knockoff products to consumers on a global scale” via its various websites and mobile applications, including to customers located in California.
The lawsuit alleges that Shein designs, manufactures, imports and offers for sale various handbags, footwear and other accessories “substantially similar” or “confusingly similar” to the Coach trademarks.
The marks include its signature ‘C’ designs, the Coach name and its other logos.
The accused products are offered for sale and/or sold on the defendant’s “marketplace”, where third party sellers may post product listings to sell through Shein’s website.
When one searches for ‘Coach’ on the defendant’s e-commerce website “there is no indication that any of the products originated from a third-party seller, nor is there a clear indication of whether these products are sold on the ‘marketplace’ or what that means”.
The plaintiffs continue: “Defendants claim that a counterfeit Coach product is ‘100% authentic’, when there has been no communication or verification process from defendants to plaintiffs to determine if the product being sold is in fact authentic.”
Commenting on the lawsuit, a Shein spokesperson said: “All products identified in the litigation complaint are certified authentic and have been verified by the sellers. Shein is unwavering in its commitment to protecting brand and intellectual property rights.
“As part of our due diligence, all Shein marketplace sellers are required to comply with our strict anti-counterfeit policies. We actively enforce these standards through robust monitoring, advanced technology and swift action against violations to safeguard brands, creators and our customers.”
Tapestry is seeking damages and injunctive relief.
The US brand Coach is famous for its fine leather and mixed material products, including handbags and wallets. Court documents detail annual sales volume of more than $4bn on products bearing Coach’s trademarks.
The complaint says the Shein mobile application is one of the most downloaded fashion shopping apps and, in 2023, was reported to have had an estimated 238 million downloads.
It has become embroiled in a number of high-profile IP infringement lawsuits involving leading brands including Ralph Lauren, Dr. Martens and Levis.
Tapestry’s lawsuit against Shein points to a growing trend of brands taking resale marketplaces to court. Just recently, a US judge sided with Nike finding that the sneaker reseller StockX was liable for selling counterfeit Nike shoes.
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