Fast fashion giant Shein, alongside several other entities are contesting allegations from Sabo Skirt that they have copied the fashion label’s designs.
Earlier this year, the Brisbane-founded fashion brand took Shein, Kmart and 17 other fashion brands and retailers to the Federal Court, alleging they had copied prints, designs, patterns and trademarks across 36 of its garments.
Since then, Sabo Skirt has discontinued the claim against several of those businesses.
Shein shared a statement about the allegations with Ragtrader, saying it takes all claims of intellectual property infringement matters seriously.
“It is never our intent to infringe anyone’s valid intellectual property and it is not our business model to do so,” the company shared.
Ragtrader reached out to Kmart and Sabo Skirt for comment as well, with both declining.
Australian pureplay etailers Billy J and Selfie Leslie also tabled defences, with media reports indicating they are all challenging the originality and ownership of the designs.
According to a report by ABC News, court documents show Shein and Kmart claiming Sabo Skirt did not hold the copyright for various elements of each garment they were accused of duplicating because those designs were not new and distinctive.
ABC News reported that Kmart submitted close to 50 images predating Sabo Skirt's registration of its "shoreline design" – a lobster, shell and leaf print on a white background registered with IP Australia on 17 October 2024 – asserting that those earlier works were identical or substantially similar to the registered design.
Shein tabled a similar argument in relation to the Terazza design, a maxi A-line dress with spaghetti straps, a wide tie back and rickrack-lined panels, citing nine earlier works including five from Australian label Zimmermann.
There were also questions raised over Sabo Skirt's overarching company Larry and Luke's ownership of the garments and their standing to register the designs.
The next court hearing is listed for July 7.