This fascinating article from The Fashion Law provides some further details about the dispute between Uniqlo and Shein over the viral half-moon bag (which I learn is correctly referred to as the Mini Round bag).
Litigation documents filed against Shein reveal allegations by the claimants that Shein are using AI to efficiently identify trending fashion items to imitate - or copy, depending which side of the fence you are on. Any business actually equipped with the AI to identify a successful product will now have High Street fashion items squarely in their sights. Counterfeiting has long been a concern of premium brands but it can affect any business whose product goes viral - even if, like the Mini Round bag, it retails for only £15.
What can fashion retailers do to protect themselves? Products with longevity and unusual features may qualify for trade mark protection. What if the "next big thing" is more unexpected in its success? With shorter-lived items, make sure you retain design documents, which will be needed if you want to enforce copyright or design rights. And finally don't overlook the possibility of registering designs for items of apparel or for patterns and prints. Our fashion retail team is always happy to advise.
a secretive algorithm that astonishingly determines" – and then "spits out" – "nascent fashion trends
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