Lilly Pulitzer, known for its clothing and accessories featuring hand painted prints and custom made works of art is suing The Gap - owned Old Navy for copyright infringement of its signature patterns High Tide Toile (High Tide Design) and Sparks Fly Glow (Sparks Fly Design).

 

Summer 2012 – Z27 High Tide Toile (High Tide Design) and Summer 2014 HA7 Sparks Fly Glow (Sparks Fly Glow) by Lilly Pulitzer

Both patterns are original works of authorship and have acquired a substantial market value in the trade because they are unique and distinctive. They are subject to the full protection of the United States Copyright Act.  

Sugartown Worldwide, which owns the Lilly Pulitzer brand and its 33 retail stores, has registered the copyright in the High Tide Toile and in the Sparks Fly Glow with the United States Copyright Office.

The company states that it “is the sole and exclusive owner to all right, title, and interest in and to the copyrights” in the abovementioned patterns. The plaintiff  also alleges that Old Navy   “have manufactured, imported, sold, offered for sale, advertised, promoted and/or distributed products, namely fashion apparel and accessories, bearing a design copied from and substantially similar to” its copyrighted designs, without authorization.  

According to Sugartown, those actions “infringe its exclusive copyrights” and “cause irreparable harm” to the company.

The complaint (Sugartown Worldwide LLC v. Old Navy (Apparel), LLc et al, 1:15-cv-02633, United States District Court for the Northern District of Georgia Atlanta Division) is available at: http://pt.scribd.com/doc/273030823/Complaint-Sugartown-Worldwide-LLC-v-Old-Navy-Apparel-LLC-et-al-1-15-cv-02633#scribd