The popular e-commerce website Shein has been accused of copying three independent designers, according to a new lawsuit.
The complaint filed on Tuesday by designers Krista Perry, Larissa Martinez and Jay Baron alleges that Shein “produced, distributed, and sold exact copies” of their work.
“As shown below, these are not the familiar ‘close call’ legal claims where a corporate apparel manufacturer takes inspiration a bit too liberally. At issue here, inexplicably, are truly exact copies of copyrightable graphic design appearing on Shein products,” the complaint states.
Perry is a resident of Worcester, Mass., who has created artwork for clients like Nickelodeon and Jameson Whiskey. Martinez is from Los Angeles and serves as the CEO of a family-run small business that designs and creates handmade to-order clothing from a workshop.
Baron is also from Los Angeles but works between Burbank, Calif., and Austin, Texas. He founded his company when he was 18 years old and has had his work displayed on television shows, in movies and at more than 100 independent retailers in the United States, according to the lawsuit.
The complaint alleges that Perry created a design entitled “Make it Fun” that Shein soon after began selling. She reached out to the company to address this and allegedly received a reply offering her $500 and stating that Shein had done its “diligence” to ensure no intellectual property violation occurred.
Perry was then contacted by Shein again a year later to request permission to use her work on the company’s clothing, but she declined. She later discovered that another design, “Floral Bloom,” was being used without her consent, according to the complaint.
Baron alleges that his design, “Trying My Best,” was stolen, as does Martinez with her design, “Orange Daises.”
All three defendants are bringing claims of copyright infringement against Shein for allegedly violating the copyrights that they hold on their designs, and Baron also accuses Shein of violating his trademark.
The plaintiffs also allege that Shein has been violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, alleging that the company has a pattern of engaging in “racketeering activity and for the unlawful and purpose of intentionally and criminally infringing Plaintiffs’ and others’ copyrights for massive financial gain.”
The RICO Act was originally passed in 1970 to give federal law enforcement new tools and penalties to prosecute civil and criminal acts that are part of an ongoing criminal organization.
The plaintiffs are requesting damages for the injuries they allege they have sustained from the use of their material and an order to prevent Shein from engaging in any of the alleged misconduct mentioned in the lawsuit.
A spokesperson for Shein told The Hill that the company takes accusations of copyright infringement seriously but will defend itself in the case.
“SHEIN takes all claims of infringement seriously, and we take swift action when complaints are raised by valid IP rights holders. We will vigorously defend ourselves against this lawsuit and any claims that are without merit,” they said.
This story was updated at 3:28 p.m.