The Los Angeles headquarters Atelier Luxury Group, LLC, owner and creator of popular men’s ready-to-wear luxury fashion brand, AMIRI, have accused Zara USA of copying their celebrated AMIRI MX2 jeans, which is a trend-setting design worn by celebrities in the entertainment and sports communities. On 22 January 2020 Atelier Luxury Group has filed a lawsuit in the U.S. District Court of California, claiming damages in excess of $3 Million for injunctive relief, compensatory damages, and punitive damages. The lawsuit claims against Zara include federal trade dress infringement, federal trade dress dilution, federal unfair competition and false designation of origin, California trade dress dilution and California unfair competition.
AMIRI’s MX2 jeans debuted in January 2019 and retails for $1,150. Zara’s Combination Skinny Biker jeans appeared on the shelves in December 2019, sold for $50, and sport the same skinny fit, pleated leather paneling above the knee, zippers at the knee and along the thigh. Both are available in colours of gray and light blue denim wash. Atelier owns several registered and common law trademarks relating to AMIRI. The lawsuit claims that Zara never approached Atelier for a license or any other permission to use its valuable trade dress; and that Zara intentionally capitalized on the recognition and fame associated with the AMIRI MX2 jeans by passing off its goods as those of AMIRI.
Lead Counsel A. Sasha Frid, who, along with a team of lawyers at Miller Barondess, LLP, is representing the plaintiff said,“Zara’s conduct cannot go unchecked. It’s a blatant violation of law for the company to copy our client’s designs. Atelier invested a great deal of time, resources and skill to develop its product line. We will hold Zara accountable and look forward to our day in court.”
Zara has faced such allegations in the past too. Just last year in April 2019, the street wear lable Rebel8 sued Zara for trademark infringement and unfair competition over a pair of women’s shorts with a design similar to the brand’s diamond logo. In May 2015, footwear company Seychelles Imports, LLC went to court against Zara for trademark and trade dress infringement, false advertising and unfair business practices over apparel and footwear featuring a similar logo. Both cases were eventually dismissed.
