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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 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
2023-07-14 04:22
Nine in a row: Max Verstappen wins Dutch Grand Prix to equal Formula One record
Max Verstappen navigated his way through a chaotic and dramatic rain-hit Dutch Grand Prix to equal Sebastian Vettel’s record of nine victories in a row. Pole-sitter Verstappen found himself down in 13th place after seven drivers – including Red Bull team-mate Sergio Perez – took advantage of a sudden first-lap downpour to move on to wet tyres. The Dutchman regained the lead on lap 13 of 72 only for the race to be red-flagged with just eight laps to run after Zhou Guanyu crashed out following a second heavy shower. A 43-minute suspension followed as the tyre barrier at the opening corner was repaired. But Verstappen beat Aston Martin’s Fernando Alonso in a six-lap dash to the chequered flag to match Vettel’s streak, set in 2013. Perez finished third but was demoted a place after he was hit with a five-second penalty for speeding in the pit lane, allowing Pierre Gasly to take the final spot on the podium. Carlos Sainz finished fifth, holding off Lewis Hamilton, with Lando Norris seventh. George Russell was forced to retire his Mercedes following a late duel with Norris. Verstappen, whose Red Bull team remain unbeaten this season, extended his championship lead from 125 points to 138 ahead of next weekend’s Italian Grand Prix in Monza. Dark clouds gathered in the minutes ahead of Sunday’s round in Zandvoort, 30 miles outside of Amsterdam, and just a handful of corners into the start, the heavens opened. While Verstappen and the leading pack tiptoed their way round the 2.65-mile circuit, Perez – who started in seventh – was called in by his quick-thinking Red Bull team for the intermediate tyres. With the rain still falling, Verstappen sensibly stopped the next time round but McLaren’s Lando Norris and the Mercedes of Russell stayed out on the slick rubber despite the worsening conditions. Hamilton, who started 13th, was also sent round for another lap despite the seven-time world champion’s obvious concerns. “We should have come in, man,” he said over the radio. “It is very wet.” “Copy, Lewis,” said his race engineer Peter Bonnington. “We’re going to stay out. We’re going to have to brave this.” But at the end of the third lap, Hamilton was in for wet tyres. He rejoined the track in last place. Russell was still sliding around on slicks before he was changed on to the wet rubber at the end of lap four. When the dust settled, Hamilton and Russell occupied 16th and 18th places. “I was forecast a podium,” said Russell on the radio. “F***, how did we mess this up?” By now the rain had relented and dry line was already starting to emerge, and, despite his early handicap, the all-conquering Verstappen was, predictably, on the march. On lap six he raced past Gasly for third before moving up to second a lap later as he blasted ahead of Zhou. Perez was seven seconds up the road. Verstappen was taking chunks out of Perez – on one lap as many as four seconds – before he reverted to slicks on lap 11. Perez stopped the next time round but emerged three seconds behind the flying Dutchman, who was now back in the lead, and back in control. On lap 15, Logan Sargeant was back in the wall a day after crashing out in qualifying. The American was unharmed but the safety car was deployed to retrieve his machine. Mercedes called Russell in for his third stop of the afternoon, putting him on the hardest, durable tyre in the hope it would see him through to the end of the race. With Sargeant’s wounded Williams out of the way, the race resumed on lap 21. Verstappen controlled the restart to leave team-mate Perez trailing. Verstappen raced off into the distance with Hamilton and Russell beginning their fightback through the pack. The Mercedes men were back in the top 10 but with only a dozen laps remaining, the rain returned with vengeance. The drivers were back in the pits for intermediate tyres before Perez spun his Red Bull at the opening corner and lost second to Alonso. As the downpour intensified, Alfa Romeo’s Zhou aquaplaned at the first corner and thudded into the tyre wall. Hamilton also ran off at the opening bend but managed to keep his Mercedes out of the barriers and rejoined the track. Race director Niels Wittich red-flagged the race. After a lengthy suspension the event was back under way at 5.14pm local time with two laps behind the safety car and a rolling start. Alonso sensed his first win in a decade but despite the tricky conditions, Verstappen kept Alonso behind, crossing the line 3.7 seconds clear of the Spaniard. Read More Charity boss speaks out over ‘traumatic’ encounter with royal aide Ukraine war’s heaviest fight rages in east - follow live Max Verstappen reveals Sebastian Vettel prediction as he closes on GP record run Max Verstappen is one of the best drivers in F1 history – Lando Norris Daniel Ricciardo ruled out of Dutch Grand Prix after breaking wrist in practice
2023-08-28 00:26
How to watch U.S. Prime Video from anywhere in the world
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2023-07-25 18:16
How does Aaron Paul tie the 'Black Mirror' universe together?
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Margot Robbie's iconic 'Barbie' foot scene has inspired a new TikTok trend
Greta Gerwig's hotly anticipated Barbie film is set to hit screens next week – and people are already hooked. There is, however, one snippet in particular that's got everyone in a chokehold: a two-second clip of Margot Robbie's feet. In the trailer, the Australian actress is shown stepping out of her high heels and maintaining the doll's arched foot. It's even created a notable 65 per cent spike in searches for 'Barbie heels' in the last month alone. The shot sent social media spiralling, with some going as far as turning the scene into a viral TikTok challenge. In one clip that racked up over 100,000 views, TikToker Shannon said she felt inspired by the trailer to come up with the unique challenge. @shannascribner @barbiethemovie inspired me with a challenge idea!! Stitch & show me how well you can do the #BarbieFootChallenge !!! #barbiefootchallenge #barbie #foot #feet #heels #challenge #footchallenge #feetchallenge #margotrobbie Another TikTok user showed just how difficult the challenge actually is, after several attempts of perfecting the 'Barbie foot.' @alessandramercedes #barbiemovie #barbieshoes #shoecollection #challenge Meanwhile over on Twitter, people have already added the phrase to their vocabulary with many mocking Republican presidential candidate Ron DeSantis after being spotted with his wife doing what some have described as the "Barbie foot" pose. Sign up for our free Indy100 weekly newsletter Speaking about the famous Barbie scene, Robbie told The Project that it didn't actually require as much effort as people expected. "There’s no special effects, you’d be amazed how few [special effects] there are in this film actually," she said. "We didn‘t do that many takes of it, a couple of takes and I kind of held on to a bar so I was sturdy when I stepped. "We just put double-sided tape on the floor so that my shoes stayed still and I did have a pedicure that morning." Barbie will hit cinemas on 21 July. Have your say in our news democracy. Click the upvote icon at the top of the page to help raise this article through the indy100 rankings.
2023-06-29 23:54
The Best Lululemon Deals To Shop Over Memorial Day Weekend
Memorial Day — aka the unofficial start of summer — is mere days away, but the weather isn’t the only thing heating up. The late-May holiday is one of the hottest shopping events of the year, and brands aren’t holding back. You likely have already scoped Lululemon’s hidden gems section, We Made Too Much, where you can find a goldmine of next-level scores. And fresh off some epic launches, the brand has a bounty of new deal drops to enjoy across apparel, accessories, and more. We’ve gone ahead and combed through pages of products to bring you the best Lululemon items on sale now.
2023-05-24 06:26
The Fire 11 Max is exclusively on sale for less than $150 for Prime Day
SAVE $80: As of June 11, the Fire 11 Max Tablet is exclusively on sale
2023-07-12 00:16
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