Fashion Copyright Battle Intensifies: Shein and Kmart Fight Back Against Sabo Skirt
Shein and Kmart have responded to copyright infringement claims by Sabo Skirt, asserting that the designs in question are not original.
The Core Dispute
The legal battle playing out in the Federal Court has taken a new turn as major retailers Shein and Kmart push back against allegations of design theft. Sabo Skirt initially launched proceedings against 19 businesses, accusing them of copying 36 of its garment designs. However, claims against seven of those companies have since been dropped.
Key Defendants Still Denying Allegations
- Shein
- Kmart
- Billy J
- Selfie Leslie
- A Singaporean wholesaler
All of the above continue to formally deny the allegations of copyright infringement.
Arguments on Originality
Kmart is challenging the originality of Sabo Skirt's 'shoreline design'—a pattern featuring aquatic items. The retailer argues the design is not new or distinctive, submitting nearly 50 images published before Sabo Skirt’s registration on October 17, 2024. Kmart claims these earlier images are "identical or substantially similar" to the design in question.
Shein has made a similar argument regarding Sabo Skirt's 'Terazza design.' The fast-fashion giant submitted nine earlier designs—including five from Australian label Zimmermann—that it claims differ only in immaterial details.
Challenges to Ownership
Both Kmart and Selfie Leslie are contesting the ownership of the designs held by Larry and Luke, the company that owns Sabo Skirt's intellectual property rights.
Selfie Leslie has stated it never sold one of the accused garments and imported the other three from China without prior knowledge of Sabo Skirt's designs. The company says it stopped sales immediately after receiving a demand letter.
Billy J denies substantially recreating any of the designs and refutes allegations of reverse engineering or having knowledge of infringement.
What’s Next
The matter is scheduled to return to the Federal Court on July 7.