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James Wallace Comments on Design Copyright Infringement Claims Against Zara
James H. Wallace, Jr., partner and Chair Emeritus of Wiley Rein’s Intellectual Property Practice, was quoted in a July 20 Fortune.com article reporting that at least one dozen indie artists claim that the Spanish retailer Zara stole their designs. Tuesday Bassen, one of the artists, claims that Zara has used four pieces of her original work without permission or compensation.
Zara’s response included the following statement: “The lack of distinctiveness of your client’s purported designs make it very hard to see how a significant part of the population anywhere would associate the signs with Tuesday Basson.”
Mr. Wallace said that based on Tuesday Bassen’s limited information, their claims are “baseless.” He argues that certain phrases and shapes are public domain, and that Tuesday Bassen’s designs simply aren’t similar enough to claim copyright infringement.
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