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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 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 These are the summer bag trends you need to know about

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Middle-aged people not getting enough sleep are less likely to see the benefits of exercise when comes to protecting against decline in skills such as memory and thinking, scientists have said. Researchers from University College London (UCL) found that those in their 50s and 60s who performed regular physical activities but slept less than six hours a night had a faster decline in these skills overall. The team found that after a decade, their cognitive functions – such as attention, memory and learning – were the same as those who did less physical activity. The researchers said their study, published in journal The Lancet Healthy Longevity, highlights the need for sleep to protect against cognitive decline as people get older. Lead author Dr Mikaela Bloomberg, of UCL Institute of Epidemiology & Health Care, said: “Our study suggests that getting sufficient sleep may be required for us to get the full cognitive benefits of physical activity. “It shows how important it is to consider sleep and physical activity together when thinking about cognitive health. “Previous studies examining how sleep and physical activity might combine to affect cognitive function have primarily been cross-sectional – only focusing on a snapshot in time – and we were surprised that regular physical activity may not always be sufficient to counter the long-term effects of lack of sleep on cognitive health.” The World Health Organisation already identifies physical activity as a way to maintain cognitive function, but interventions should also consider sleep habits to maximise long-term benefits for cognitive health Prof Andrew Steptoe For the study, the team looked at data from the English Longitudinal Study of Ageing (Elsa) from nearly 9,000 people aged 50 and over. Their cognitive function was assessed over a period of 10 years with various memory and verbal fluency tests. Questionnaires were also used to assess how long they slept and whether this was less or more than six hours. People were also asked about their levels of physical activity. At the start of the study, those who were more physically active also had better cognitive function regardless of how long they slept. However, this changed over the 10-year period, with more physically active short sleepers in their 50s and 60s experiencing more rapid cognitive decline, the researchers said. But for people aged 70 and over, the benefits of exercise on cognitive function were maintained, despite short sleep, the team added. Co-author professor Andrew Steptoe, of UCL Institute of Epidemiology & Health Care, said: “It is important to identify the factors that can protect cognitive function in middle and later life as they can serve to prolong our cognitively healthy years and, for some people, delay a dementia diagnosis. “The World Health Organisation already identifies physical activity as a way to maintain cognitive function, but interventions should also consider sleep habits to maximise long-term benefits for cognitive health.” Read More 8 best kids’ bunk beds that are fun and functional Nurture your health and wellbeing this season The best holidays to book for August, from beach breaks in Portugal to stays on an Italian lake More travelers get cozy with glamping, even amid high costs People who sleep very late may die earlier due to unhealthy habits, study says