The court battle between Forever 21 and Trovata got off to a rousing start Tuesday as each side made its opening statements to the jury. Trovata claims that Forever 21 copied its designs which is illegal. Forever 21 says you can't copyright a design and that Trovata doesn't own the right to any particular clothing style.
The outcome of the case will have widespread effects on the fast fashion industry and the world of lower-cost fashionable clothing that resembles that of the top runway designs.
"Much the same as a music composer, [the designer] takes notes, chords, sharps and flats and combines them and arranges them to make original music," Trovata attorney Frank Colucci said in his opening statement to the jury of six men and two women. "The notes, the chords, the sharps and flats are all known; it is the way they are combined and arranged that make new music."
Forever 21's attorneys acknowledge that the designs are similar, but maintain the similarity does not constitute an infringement, contending that in most cases Trovata's claims are limited to uses of buttons and other relatively common materials. The lawsuit is "an attempt to come up with a back-door patent or back-door copyright," said lawyer Bruce Brunda, who is representing Forever 21.
"Much like a recipe for something like apple cobbler, Trovata is saying they didn't invent the apples or the cinnamon or the sugar, but they are claiming the right to the combination," Brunda told the jury.
As any experienced trial lawyer will tell you, barring some major error made by the attorneys, this case was over the minute the jury was selected. Because there is so much money at stake here, we would imagine that both sides used very expensive jury consultants who do psychological profiles of jurors to determine who is most likely to rule in their clients' favor.
Who is the jury? Do they shop at Forever 21 and want to keep the right to buy inexpensive versions of designer fashions? Or do they sympathize with the designers who feel that their hard work is being stolen? That will determine who wins the case -- and what you'll be able to buy at Forever 21 and stores like it.
The court battle between Forever 21 and Trovata got off to a rousing 
