The jury in the Trovata vs. Forever 21 case is deadlocked. What's worse, is there is now an allegation of juror misconduct.
The federal jury deliberating allegations that Forever 21 knowingly copied the designs of Trovata told a judge Tuesday that it was deadlocked.
Judge James V. Selna disclosed in U.S. District Court here that he received a note from the panel expressing concern that one juror was incorrectly applying the law, as well as a perception of misconduct. He did not provide details, but said, "It's dangerous business starting to look for misconduct."
Selna said the jury of six men and two women had asked for legal clarifications. The jurors will return today in an effort to work out their differences and avoid a potential mistrial. They began deliberating on Friday.
The outcome of the case may clarify intellectual property rights in an era when knockoffs of runway looks often appear in specialty chains before designers’ original versions hit stores. The jury is considering whether the cheap chic retailer produced near-identical copies of pieces worn on the runway or published in magazines — in one instance with labels inside a hoodie that were unique to Trovata.
A mistrial would essentially be a victory for Forever 21. Trovata would have to decide if it wants to spend more money to do another trial with a new jury. So, why is the jury deadlocked? And what is this shocking new allegation of juror misconduct all about? This is a lot of drama for an intellectual property trial, which are usually the most boring cases you can imagine. The only trials more boring to sit through are corporate civil suits that have weeks of accounting and financial testimony. Even the lawyers tend to nod off during those.