Fast fashion, a phenomenon that has gained immense popularity with the shortening of trend cycles, is largely dominated by industry mammoths like SHEIN, H&M, and ZARA. These companies have honed the ability to identify current trends using AI and churn out cheap clothing that aligns with these fads. However, their pursuit of profit often leads them to cross ethical boundaries, going beyond drawing inspiration from trendy designs to outright stealing from both small and large designers.
As these companies have taken center stage in the fashion industry, so has its involvement in lawsuits. In the past 10 years, fast fashion giant SHEIN has had a staggering 103 new legal proceedings.
While a number of law firms have represented them over the years, Greenberg Traurig has consistently been their top law firm, acting as the defendant 86% of the time. A significant number of these legal battles, 61 as of this writing, have been related to Type 820 Copyright violations.
In comparison, H&M, a slightly more expensive competitor, has faced 73 new cases overall. H&M’s Top Law Firms are Manatt, Phelps and Phillips, who act as the defendant 90% of the time, and Nixon Peabody who acts as the defendant 78% of the time.
ZARA closely trails H&M with 63 new proceedings in the past 10 years. Sheppard, Mullin, Richter & Hampton has consistently defended them from 2019 acting as defendants in 100% of these cases.
However, unlike SHEIN, the majority of cases involving H&M and ZARA not only address copyright issues but also infringements on the American with Disabilities Act. ZARA has had 11 disability lawsuits and 10 copyright infringements while H&M has had 11 proceedings related to copyright and 10 related to disability.
All three companies have found themselves embroiled in legal battles primarily taking place in the California Central District Court and the New York Southern District. These locations house a concentration of clothing designers, ranging from independent Etsy shops to corporate name brands, making them hotspots for such legal disputes.
The rise of fast fashion and its legal entanglements have raised important ethical questions about the industry’s practices. From copying designs without permission to potential violations of the American with Disabilities Act, these lawsuits have shed light on the need for greater accountability and protection for designers and consumers alike.