According to counterfeit law professors, there is a reason why Forever 21 and every other fast fashion. He goes into great detail, but the jist is had below:
…the quick answer is that such copying is entirely legal in the United States. American law does not protect most fashion designs. Copyright law views fashion designs not primarily as artistic works, but rather as “useful articles,” and useful things are not granted copyright protection. This rule reflects the fact that useful things are supposed to be the domain of patent law. But clothing designs virtually never qualify for patent protection, because they are almost never “novel” – i.e., truly new – in the way patent law requires.And while fashion brands are fully protected by trademark law, most imitators know enough not to copy the labels. (Those who copy labels are counterfeiters, and can be prosecuted for it). Since the actual design of a dress is unprotected by patent, trademark, and copyright, [labels] are free to sell its knockoffs.
This clearly does not include blatant counterfeits (such as Louis Vuitton bags), but items that are close and recognizable but not identical. It would depend on the copied designer and house on how they dealt with every instance, though to prosecute everyone who rips off a well known design is impossible.
Target, for instance, was sued by Coach in 2006 for copyright infringement because their piece showed characteristics that are found in the authentic version. Gwen Stefani, Diane von Furstenberg, Trovata, Anthropologie and Anna Sui are a portion of the designers that have sued Forever 21. The question remains: how close is too close?
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