Shein Faces Suit For Using ‘Secretive Algorithm’ To Discover, Copy Artists’ Work

Photo 262292208 © Jonathan Weiss | Dreamstime.com

Uh-oh, She-in trouble: Three independent artists—Krista Perry, Larissa Martinez, and Jay Baron—have taken legal action against Shein, alleging that the popular online fashion retailer has been using an algorithm to identify trending art and replicate it without permission.

According to the artists, who have taken their grievances to a California federal court, Shein has been selling nearly identical copies of their work by utilizing an artificial intelligence tool capable of identifying and imitating various pieces of art. This proprietary system purportedly enables the fast-fashion giant to quickly track and recognize trends, and spit out pieces that are similar—or even identical—to existing creations.

The artists claim that their infringed artwork has been replicated “exactly.” Among the copied pieces are Perry’s Make It Fun and Floral Bloom, Barron’s Trying My Best, and Blintz’s Orange Daisies.

The plaintiffs are independent artists who say Shein created and sold exact copies of their art: pic.twitter.com/RoYoq42hHq

— Rob Freund (@RobertFreundLaw) July 11, 2023

The trio claims that Shein has “made billions by creating a secretive algorithm that astonishingly determines nascent fashion trends—and by coupling it with a corporate structure, including production and fulfillment schemes, that are perfectly executed to grease the wheels of the algorithm, including its unsavory and illegal aspects.”

Interestingly, the plaintiffs also call out the company for operating on a “confusing corporate structure”—a “byzantine” structure, if you will—so as to evade potential intellectual property liabilities.

While the inner workings of Shein’s algorithm remain behind closed doors, the artists argue that the company has engaged in a consistent “pattern of misconduct,” continually committing new copyright and trademark infringements on a daily basis.

Though, they note that, in an attempt to minimize costs, Shein seems to produce limited quantities—about 100 to 200 units—of each item, which are far more conservative than the thousands produced by traditional retailers.

The artists acknowledge the daunting challenge they face in taking on a Goliath like Shein. Nevertheless, they are standing their ground to shed light on the “large-scale and systematic intellectual property theft from U.S. designers large and small.”

[via Gizmodo and The Fashion Law, images via various sources]

This article was crafted with assistance from an AI engine, and has been reviewed, edited, and fact-checked.