Shein class action alleges company infringes on small artists’ copyrights

Shein copyright class action lawsuit overview: 

• Who: Alan Giana filed a class action lawsuit against Shein Distribution Corp. and a trio of related entities. 
• Why: Giana claims Shein infringes on small designers’ and artists’ digital copyrights when making its products. 
• Where: The class action lawsuit was filed in New York federal court.

Online fashion and lifestyle retailer Shein systematically infringes on the digital copyrights of small designers and artists, a new Shein class action lawsuit alleges. 

Plaintiff Alan Giana’s Shein copyright class action lawsuit claims the company finds popular work through the internet and misappropriates it by manufacturing and selling it as its own products.  

Giana, an artist and designer, further argues Shein does not provide notice or attribution to the artists and creators of the work it misappropriates as its own prior to selling it at a discount. 

“In some cases, Shein unlawfully infringes by copying an entire item, such as a piece of jewelry or a painting, and sells the forgery for a fraction of the price of the authentic product,” the Shein class action states. 

Giana wants to represent a nationwide class of individuals who, since April 5, 2021, owned a registered U.S. copyright for a work Shein reproduced, distributed or displayed, according to the class action. He also wants to represent an injunctive relief class of all individuals or entities who, since the same date, had their work reproduced, distributed or displayed by Shein after the effective date of registration. 

Shein class action claims company infringes on copyrights to create fashion, electronics, more

Giana argues Shein commits digital copyright infringement to create fashion, electronics, home goods and other products by either copying an entire item or stealing a design and putting it on a different product. 

“Defendants have systematically infringed and continue to infringe copyrights owned by plaintiff and likely thousands or tens of thousands of other persons similarly situated across the United States,” the Shein class action states. 

Giana claims Shein is guilty of copyright infringement under the Copyright Act. He demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages for himself and all class members. 

Last October, Shein attempted to get out of a similar lawsuit filed by a trio of artists arguing the online retailer infringed on their designs and trademarks. Shein argued the artists could not target the company with claims under the Racketeer Influenced and Corrupt Organizations Act. 

Has Shein reproduced, distributed or displayed your work? Let us know in the comments.

The plaintiff is represented by Wesley M. Mullin and Vincent R. FitzPatrick III of Mullen PC and Justin S. Nematzadeh of Nematzadeh PLLC. 

The Shein class action lawsuit is Giana v. Shein Distribution Corp., et al., Case No. 1:24-cv-02599, in the U.S. District Court for the Southern District of New York.

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