Nov 28, 2017
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Emily Ratajkowski's Inamorata Swim accused of copyright infringement

Nov 28, 2017

Emily Ratajkowski's Inamorata Swim line has been on the market for less than two weeks and is already facing a lawsuit in NY federal court, accused of copying two designs from New York-based women's designer Lisa Marie Fernandez.

Fernandez' Poppy and Leandra (left); Inamorata's Cardiff and Vulcan (right) - Fernandez' Poppy and Leandra (left); Inamorata's Cardiff and Vulcan (right)

Fernandez released an official announcement yesterday morning, claiming that two of model/actress Ratajkowski's swimsuit designs from the six-piece launch collection copied her own pieces. She said her existing Lisa Marie Fernandez swim designs have been registered and in production for three years.

Fernandez said Inamorata Swim's "Cardiff" one-piece and "Vulcan" top copied her "Poppy" one-piece and her "Leandra" top. Fernandez's Leandra bikini retails for $595, and her multi-bow Triple Poppy one-piece retails for $455 to $535. Inamorata’s Vulcan top sells for $80 and its Cardiff one-piece is on the market for $160.

Fernandez first wrote Ratajkowski and Inamorata Swim a cease and desist letter asking for the brand to stop selling the Cardiff and Vulcan styles. Fernandez anticipates suing Inamorata in New York federal court this week.

While designers in the US cannot currently obtain copyright protection for their fashion creations, Fernandez registers her designs in Germany which offers much stronger design protection through the EU. Both her Poppy and Leandra designs were registered in 2015.

In the US, the burden is placed entirely on the intellectual property owner to protect their designs. Accordingly, Fernandez has acquired a reputation of being an active litigant to protect her brand. She has previously sued other retailers who have copied her designs, including H&M, Victoria's Secret and Cotton On.

Presumably in anticipation of litigation after receiving the cease and desist letter, Ratajkowski said the Cardiff suit was inspired by a vintage suit Stephanie Seymour wore in Sports Illustrated. Four days ago, she also posted an image of young Christie Brinkley wearing a suit that looks similar to another one of Inamorata's styles saying that they had made a sample of it a year ago. The caption reads, "We all tap into vintage inspirations."

Fernandez, on the other hand, has been posting screenshots comparing the styles she claims Ratajkowski copied, with captions calling her inauthentic. While it is being reported that Fernandez has filed suit, New York court records have not yet been updated to confirm a complaint on file.

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