Biden administration proposes new rule to prevent students from incurring crippling debt at for-profit colleges
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Israel Latest: UK’s Sunak Visits as Diplomatic Efforts Intensify
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Fast fashion retailer Shein accused of racketeering and copyright infringement in lawsuit
Fast fashion retailer Shein has been accused by independent designers of infringement-related racketeering activities in a new lawsuit. According to The Fashion Law, a lawsuit was filed on Tuesday (11 July) in California federal court that accused the clothing giant of using a “secretive algorithm” to identify trending art and allegedly reproducing the independent designs for its fast fashion website. The three independent artists suing Shein – Krista Perry, Larissa Martinez, and Jay Baron – claimed both Shein and its parent company, Zoetop Business Company, Ltd, engaged in “produc[ing], distribut[ing], and selling exact copies of their creative works,” which they allege is “part and parcel of Shein’s ‘design’ process and organizational DNA.” In the suit, Perry, Martinez and Baron claim Shein replicated “truly exact copies of [their] copyrightable graphic designs” such as Berry’s artwork titled “Make It Fun” and Blintz’s “Orange Daises” design. Barron’s “Trying My Best” artwork, which they claim was also copied by Shein, is not only a registered copyright but the phrase was also trademarked by Barron. As a result, the plaintiffs argue that they “have suffered and will continue to suffer substantial damage” to their businesses and “a diminishment in the value of their designs and art, their rights, and their reputations”. In the complaint, the plaintiffs allege that Shein created a “secretive algorithm” to identify growing fashion trends and “produce very small quantities of [its] item for sale” – as 100-200 units per SKU – in the case that an artist claims “the design was stolen”. “The brand has made billions by creating a secretive algorithm that astonishingly determines nascent fashion trends – and by coupling it with a corporate structure, including production and fulfillment schemes, that are perfectly executed to grease the wheels of the algorithm, including its unsavory and illegal aspects,” the artists argue in the suit. “When Shein copies a small or independent designer, the most likely outcome (without brand protection specialists and specialized software on the lookout) is that the infringement will go unnoticed,” the complaint reads. The lawsuit named Chris Xu as the maker behind the algorithm, a “mysterious tech genius” who has allegedly made Shein “the world’s top clothing company through high technology, not high design.” While Shein has faced many lawsuits in recent years, the newest complaint is notable for its Racketeer Influenced and Corrupt Organizations Act (RICO) claim. RICO is a federal law designed to combat organized crime in the United States, and individuals or organisations can use the RICO Act to file civil claims against racketeering activities performed as an ongoing criminal enterprise. Another requirement to file a RICO claim is that the offending party is not just an individual or business but a criminal organization, as the suit claims Shein’s alleged infringement activity is “committed not by a single entity, but by a de-facto association of entities.” The plaintiffs claim that Shein’s “confusing corporate structure” allows the company to “avoid liability” in the case of intellectual property infringement, adding that the brand’s “first line of defense” when facing a copyright or trademark cease and desist is “removing the product from its sites with blaming the misconduct on another [Shein entity] actor (implying such actor is independent).” As a result, the artists have accused Shein of “multiple acts of racketeering and criminal copyright infringement” and are seeking past and future damages, as well as compensation for legal fees and injunctive relief to “prevent further racketeering activity”. This is not the first time Shein has faced accusations of infringement. In May, artist Maggie Stephenson settled with Shein for an undisclosed amount after she filed a $100 million lawsuit last year. That same month, Italian fashion designer Giuliano Calza claimed the retailer stole shoe designs from his streetwear label, GCDS. The new lawsuit comes after a Shein-sponsored influencer trip made headlines for promoting Shein’s factory in Guangzhou, China. The influencers were invited to tour Shein’s “innovation factory”, as they posted videos showing a clean, brightly lit factory with automated bots assisting in processing and packaging orders. However, the influencer trip faced backlash as many pointed out the fast fashion company’s accusations of labour abuse and its negative impact on the environment. The Independent has contacted Shein for comment. Read More Italian designer launches scathing attack on Shein over ‘stolen ideas’: ‘Maybe I am the fool’ Influencers face backlash for promoting Shein factory during PR trip in China Parent company of fast-fashion brand Shein to pay New York state $1.9m for data breach Shein accused of racketeering and copyright infringement in lawsuit Barbie premiere: All the best pink carpet looks as Margot Robbie film shows in London Why these women are – and aren’t – shaving their armpits this summer
2023-07-14 13:47
'What about Noah Schnapp?' Internet erupts at Hollywood's 'hypocrisy' after Melissa Barrera is fired from 'Scream'
Melissa Barrera, known for playing Sam Carpenter in the 'Scream' franchise, has been allegedly removed from the cast over her pro-Palestine stance
2023-11-22 15:58
Trump-appointed judge sets trial date in classified documents case
Judge Aileen Cannon has set a date for the trial in the classified documents case against former President Donald Trump. The Trump-appointed judge has signed a court order listing the trial as starting on 14 August of this year in Fort Pierce, Florida. “This case is hereby set for a Criminal Jury Trial during the two-week period commencing August 14, 2023, or as soon thereafter as the case may be called,” the court order states. “Any change of plea must be taken prior to 5:00 p.m. on the last business day before trial is scheduled to begin,” it adds. The court order is likely to be challenged as motions are filed, including requests for the trial to be delayed. “All pre-trial motions and motions in limine must be filed by July 24, 2023,” the court order states. Scott MacFarlane of CBS News noted that “This timeline seems quite aspirational.. not likely to hold”. Judge Cannon appears to have created what’s called a “rocket docket” seemingly in an attempt to push the trial through the judicial system. Most federal trials take as long as a year as both parties prepare for the proceedings, The Daily Beast noted. Legal experts have previously indicated that Judge Cannon can be unpredictable and that she has ruled in favour of Mr Trump in the past after he appointed her shortly before leaving the White House. While overseeing Mr Trump’s challenge to the raid of his Mar-a-Lago estate last year, she added more red tape, slowing down the FBI probe. Former federal prosecutor Brandon Van Grack told The New York Times that the proposed trial date probably won’t stand as the discovery process of handing over classified evidence to the defence legal team hasn’t started yet. But he said that the date “signals that the court is at least trying to do everything it can to move the case along and that it’s important that the case proceed quickly”. “Even though it’s unlikely to hold, it’s at least a positive signal — positive in the sense that all parties and the public should want this case to proceed as quickly as possible,” he added. As Mr Trump struggles to retain lawyers to represent him, it’s unclear if the defence wants the case to move quickly and for the case to be resolved ahead of the 2024 election or if there will be attempts to delay it until after the election. But Mr Trump has for decades attempted to delay legal cases and this case is likely to be given the same treatment. If the trial goes beyond the election and Mr Trump is elected, he may theoretically attempt to pardon himself. He may also order his attorney general to drop the charges against him, The Times notes. Following Mr Trump’s indictment in Miami, Special Counsel Jack Smith indicated that he wanted a speedy trial. Judge Cannon wrote in the court order that the trial is set to be held at her home courthouse in Fort Pierce, a small town in the north of the Southern District of Florida. More follows...
2023-06-20 22:30
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Teenage cousin of Uvalde school shooter is arrested, accused of threatening to 'do the same thing' to a school
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North Korea restores border guard posts amid rising tensions over its satellite launch, Seoul says
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Boeing loses $1.6 billion on fewer deliveries of airliners and higher costs for Air Force One jets
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