Kmart, Shein and Others Deny Copyright Infringement, Argue Sabo Skirt Designs Not Original

Kmart and Shein told the Federal Court that designs Sabo Skirt accused them of copying were not original and therefore not protected by copyright. The retailers filed their responses after Sabo Skirt and the company Larry and Luke accused 19 businesses in February of copying the designs, patterns, prints and trademarks of 36 garments.

" Kmart submitted almost 50 images published before Sabo Skirt registered its shoreline print with IP Australia on October 17, 2024, claiming the images were "identical or substantially similar" to the shoreline design, which features aquatic items including lobsters, shells and leaves scattered across a white background.

Shein made a comparable argument about the Terazza design, a maxi a-line dress with spaghetti straps and a wide tie back with ric rac lining the panels. " Both companies argued the designs were therefore not registrable by law. Kmart and Selfie Leslie also challenged Larry and Luke's ownership of the garments and its right to register the designs.

Selfie Leslie said it had never sold one of the four garments it was accused of copying, that the other three were imported complete from China, and that it did not know of Sabo Skirt's designs until it received letters of demand. After receiving the letters, Selfie Leslie stopped selling and importing the garments and sent its remaining stock to Sabo Skirt's lawyers.

Billy J, accused of copying the likeness of 11 garments, denied that it wholly or substantially recreated Sabo Skirt's designs, denied reverse-engineering the garments, denied knowing its garments would infringe copyright, and denied that the garments would lead the public to believe the two businesses were affiliated.

The Australian branch of Shein, Kmart, Billy J, Selfie Leslie and a Singaporean wholesaler linked to Shein have all denied the allegations. Sabo Skirt has discontinued its claims against seven of the original 19 businesses. The matter will return to the Federal Court in Queensland on July 7.