Shein convinced a federal judge to axe Brandy Melville’s claims accusing the fast fashion company of false designation of origin and unfair competition by using its copyrighted photographs and product designs to market Shein’s products.
The claims are preempted by the Copyright Act because Brandy Melville is merely recasting its copyright infringement claims as ones for unfair competition and violation of the Lanham Act, Judge Otis D. Wright II said in an order issued Tuesday by the US District Court for the Central District of California.
“At bottom, these allegations support a claim for unauthorized copying and use of creative ...
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