Diane von Furstenberg Studio LP (”DVF”) filed a lawsuit against Target Corp in U.S. District Court in Manhattan yesterday for copyright infringement (Reuters). The design at the heart of the controversy is Furstenberg’s “spotted frog” print, to which the company holds a copyright. DVF claims that Target’s line of women’s clothing, Merona, produced a design that was “nearly identical” with Merona’s “Animal Print Wrap Dress”.
Pictured above is DVF’s “spotted frog” print dress. Target pulled the disputed dress off the rack and the web two days ago in anticipation of this suit. Below is a picture of the target version of the dress.
In a previous posting, Fashion Lawyer explained the difference between trademark and copyright. To view that post, click here. Possessing a copyright entitled the holder to damages for infringement.
The complaint filed by DVF states:
“Defendants’ infringing dresses are ‘wrap’ dresses made of materials designed to look like silk jersey, a style consumers and the general public have come to associate with DVF.”
What do you think? Should Target be held accountable for producing a similar print wrap dress? As always, comments are welcome and appreciated!
5 responses so far ↓
1 Sher // Jan 26, 2008 at 2:32 am
I just posted pictures of the DVF dress and the Target dress in my blog. I think Target has obviously copied DVF. I’m a bit on the fence on the matter, but if I had to take a side, I would probably say Tar-jay is A-okay (despite my love for DVF).
2 Virginia Lumpkin // Jan 26, 2008 at 2:13 pm
Sher,
Thanks! I put the photos up from your site. Much appreciated!
-Jincey
3 Jefferson Coulter // Jan 26, 2008 at 3:44 pm
It “looks” like a fairly clear knockoff, but we all know where fashion exists, copyright is weak. Target will claim that the pattern was independently developed and that the dress is a useful article. DVF…I’m pulling for you, but you have a hard case to proove!
4 clare // Jan 26, 2008 at 6:31 pm
the general public associates silk jersey with DVF? WTF?
is that supposed to support some sort of claim? that’s like saying “the general public associates music with the Rolling Stones.”
5 Alex@Barf // Jan 29, 2008 at 8:42 am
The dresses don’t look that similar, but the print is nearly exact. I’d like to know if the fabric was designed by DVF or a vendor.
I love Target, but if DVF created the print, I’m Team von Furstenberg in this case.
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