Queensland Retailer Sabo Skirt Files Federal Lawsuit Against Shein, Kmart for Design Infringement

Queensland clothing retailer Sabo Skirt has launched a federal court claim accusing Shein, Kmart, and 14 other businesses of copying its original designs, patterns, prints, and trademarks. The lawsuit alleges that these companies sold garments that were not crafted with the same quality materials or craftsmanship as Sabo Skirt’s products, instead offering them at discounted prices which have negatively impacted Sabo Skirt’s sales and reputation.

The statement of claim, filed in the Federal Court by Sabo Skirt and Larry and Luke — the entity that owns the relevant intellectual property rights — details that the respondents copied whole or substantial parts of 36 different garments, prints, sketches, and patterns.

Shein’s Australian branch is the first-named respondent and is accused of infringing the design, prints, or copyright of six distinct garments. One highlighted example involves a Shein garment that allegedly reproduces a design featuring red scalloped tiles on a white background, adorned with motifs of red grapes, pears, and white flowers. The claim further notes that the Shein dress duplicates specific design elements such as a V split at the centre bustline and cut-outs at the waist.

A Shein spokesperson confirmed awareness of the claims and stated that the company takes all intellectual property infringement allegations seriously. The spokesperson emphasized that it is not Shein’s business model to infringe valid intellectual property rights but declined further comment due to the matter being before the courts.

The statement of claim also reveals that Shein entered into a settlement agreement in June 2024 concerning one garment — a multicoloured knit dress — but allegedly breached the agreement by continuing to sell the item.

Kmart is named in the claim for allegedly duplicating Sabo Skirt’s Shoreline print, which features aquatic elements such as lobsters, shells, and leaves scattered in various orientations across a white background. Court documents indicate that as of March 31, some of the garments subject to the claim remain available for purchase online.

The lawsuit underscores the challenges faced by original designers in protecting their intellectual property against fast-fashion retailers and discount chains that allegedly replicate designs without authorization. Sabo Skirt’s action seeks to address the alleged widespread duplication and the commercial harm it has caused.

The case remains before the Federal Court, with further developments expected as proceedings continue.