Textile Designer Sues Zulily for Copyright Infringement


EKB Textiles filed a complaint Monday against Zulily and accompanying unidentified parties, alleging the defendants of copyright infringement. The suit was filed in the Central District of California.

According to the complaint, the plaintiff owns, and registered with the U.S. copyright office, a two-dimensional artwork that has been used for textile printing; the plaintiff has widely disseminated this design to multiple groups in the fashion and apparel industry.

However, the complaint alleges that Zulily, an e-commerce marketplace, has used the plaintiff’s design on fabric they have manufactured, distributed, and/or sold.

The plaintiff’s design is on the left, while the allegedly offending product is on the right.

The complaint also asserts that this is not the first instance of the defendants’ copyright infringement; in November 2020, the plaintiff sent a cease-and-desist letter to the defendants regarding a similar case of illicit reproduction of the plaintiff’s design.

The plaintiff seeks the following for relief: an injunction preventing the defendants from further copyright infringement against the plaintiff, awards of damages, costs, and relief, and etc.

The plaintiff is represented by Doniger / Burroughs.