H&M is no stranger to copying designs, so why sue Shein?

H&M is no stranger to copying designs, so why sue Shein?

In 2013, one renowned high-end company, H&M, faced allegations of blatantly copying the latest catwalk trends using close to literal translations of the collections. The replicas included a white Balenciaga cropped bustier that had the same slits as well as the black Celine ‘Sable’ dress featuring an identifiable deep V-neck that is made of mesh and a Kenzo Tiger print sweater sporting a unique animal-themed multi-color. Despite the striking resemblance of these models to their high-end counterparts, however, no luxury brand, nor the parent company, which all have been under Kering or LVMH ownership, took legal actions against H&M for copies.

While H&M has been no frequent copywriter of important catwalk pieces in its collections through time, The retailer has brought a suit against Shein for copying its designs. The irony isn’t going unnoticed on the internet, and debates concerning this absurd situation are common.

In the past, both Zara and H&M held the title of high-street leaders and were the top destinations for affordable catwalk fashions. Zara mainly did a great job offering design-led versions, ranging from Prada coats to Celine sneakers, as the luxury designer styles were introduced into affordable stores. This trend, in addition to increasing the appeal of both high-end and luxury labels, helps fashionistas discern the difference in quality between a knock-off of a high-end brand and a genuine luxury piece.

New stars on the high street

While Zara’s impact on the fashion industry is still strong, its latest collection, including the menswear Origins collection, has shown superior fabric quality and more timeless appeal, whextendinghe the life of its merchandise beyond the initial few wears. But, just like H&M, Zara now faces competition from Shein. This remarkable Chinese company delivers new trends faster than any other high-street retailer, with a significant reduction from conception to production and online availability to around three weeks. Cult TikToks have caught the attention of Generation Z shoppers, driving sales to a staggering 24 billion dollars by 2022, beating both H&M (22.25 billion dollars) and Zara (23 billion euros).

In the fashion high street business, it’s rare for brands to sue one another for copying their designs, mainly when their creations come from various sources. Although H&M has earned a reputation for the first-ever collaborations with brands like Moschino, Karl Lagerfeld, and Versace, The collabs partially protected it from litigation, compared to its competitors Zara and PrettyLittleThing.

While designer brands usually feature signature designs, or at the very least, under a single creative director, many famous brands, such as Uniqlo, being an exception, are based on a trend-driven design that draws the inspiration of designer catwalks onto their floors. This funnel-style approach does not always result in any upward or lateral accusations of copying, which is why the lawsuit H&M filed against Shein in light of its history is a surprise decision.

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