Intellectual property: Shein and small businesses

Shein is a Chinese online fast fashion brand, and are the world’s largest fashion retailer, as of 2022.

They are widely popular on social media and are well known for stocking hundreds of thousands of products for inexpensive prices.

However, Shein has regularly come under fire in the press for breaching intellectual property (IP) rights and copying independent fashion designers and independent artist’s work.

Intellectual property theft controversies

In 2018, Levi Strauss accused SHEIN of an IP infringement and filed a lawsuit against them for copying Levi’s trademarked signature jean stitching, which was settled out of court.

They have also been under fire from other fashion houses, including Ralph Lauren, who sued Shein’s parent company Zoetop Business Co, for a trademark infringement.

Ralph Lauren’s complaint, regarding the infringement is “willful, deliberate, and intended to confuse the public and to injure Ralph Lauren” as quoted in the Fashion Law.

Since 2020, according to the Wall Street Journal, Shein has been involved in over 50 U.S federal lawsuits involving copyright or trademark infringements.

Despite this, many disputes between Shein and the designers are settled behind the scenes for undisclosed amounts.

Similar allegations have also been made against SHEIN by smaller brands and independent designers.

In 2022, Magdalena Mollman, a Florida based artist with over 100,000 followers on Instagram, filed a lawsuit against Shein for selling unauthorised reproductions of her artwork, and was suing Shein for more than £82.5 million.

Small businesses often have fewer legal resources and finances to help fight infringement claims. Instead, many smaller businesses who believe their designs have been copied, call out Shein on social media, in hopes to raise awareness about the infringement and to get their designs taken down from Shein’s website.

How can you protect your small business?

If you are a small business, a freelance artist or a fashion designer, it is highly recommended that you protect your IP.

If you protect your intellectual property, it is easier to take legal action against anyone who tries to copy or steal it. There are different types of protection available depending on what you have created.

If you are based in the UK, you can apply to protect your IP in various ways on the Government website, this includes securing trademarks.

If you are concerned about IP infringements, there are a few steps you can take to mitigate this.

For example, you can document your concepts and original ideas. Or, if you post your work online, you can add a signature or a watermark to your work. However, it is best to seek legal protection by establishing your trademark and seeking design rights.

If you need any help regarding intellectual property matters, please contact us today.