However, their optimistic outlook comes with a hint of caution due to a number of factors out of their collective control.
Pamela Love Takes Nasty Gal to Court over Copyright Claims
The jewelry designer is suing the e-commerce site for alleged design copyright infringement.
New York--Nasty Gal is in hot water with Pamela Love.
Love’s legal team filed a complaint against Nasty Gal, which is a clicks-and-bricks retailer of clothing and accessories, for copyright infringement in U.S. District Court for the Southern District of New York on July 29.
In the complaint, Nasty Gal is accused of intentionally copying three copyright-protected designs of Love’s, specifically the “five spike earring,” designed in 2012, her “Dagger Rosary,” created in 2007, and her “Talon Cuff” design, available since 2008.
According to the court documents, Love’s attorneys notified Nasty Gal of the infringement and Nasty Gal’s legal counsel advised that they would stop selling the items in October 2014, but continued promoting their ring replica of the “Talon cuff” on the Nasty Gal website, listing the item as “sold out” until as late as February 2016.
The court filing went on to note several instances in which Nasty Gal allegedly has copied other brands, including Chanel and Givenchy.
Love’s lawsuit noted that Nasty Gal’s actions “undermined the market” for Love’s designs and “will continue to diminish the exclusivity, inherent value and marketability” of her products.
The lawsuit is requesting that Nasty Gal be enjoined from infringing Love’s copyright rights, deliver any copyrighted products for impoundment, pay Love damages and cover her legal fees.
Images of the items in questions have been published on TheFashionLaw.com.
Love declined to comment on the lawsuit.
Nasty Gal did not respond to request for comment.
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