Caught in a plagiarism scandal, the topic of boycotting SHEIN is popular on TikTok

As the most well-known Chinese cross-border fast fashion brand, SHEIN ranks first in the US shopping app download list . This e-commerce giant is especially popular among Generation Z.

But its development has not been without controversy. In addition to the high environmental costs associated with the fast fashion industry, SHEIN is often accused of copying the designs of independent designers.

SHEIN has been accused of plagiarism, not just once or twice

Designers from fashion brand Elexiay said on Twitter last week that SHEIN had copied the design of their Amelia sweater, a crocheted sweater handmade in Nigeria that sells for $330. SHEIN 's product was mass-produced in a near-identical color scheme and sold for just $17 until it was removed from shelves following complaints.

"So frustrating to spend hours brainstorming a design and days crocheting a sweater only to have it reduced to a machine-made replica," the designer wrote on Twitter.

Another crochet designer, Reclamare PH, said on Instagram that SHEIN had copied one of their pieces and called on fans to boycott the company. Designers for Sincerely RIA, a brand inspired by Fulani culture, also tweeted last month that SHEIN had copied the design of one of their garments and even "appropriated" the brand's aesthetic.

It is reported that it is not just clothing that is suspected of plagiarism. Some designers who make enamel badges and earrings have reported that their original works have also been copied without permission.

At this time, SHEIN has not responded to these accusations.

Are “copies” generally legal in the fashion world?

In the fashion world, copyright law offers creators little protection.

Julie Zerbo, a lawyer and journalist who writes The Fashion Law blog, said the law does not allow companies to patent an entire product.

In simple terms, a designer cannot claim copyright protection for all sweaters simply because they make them. However, they can copyright features of their work that distinguish it from other products, such as a unique pattern.

"For a piece of clothing, a pair of shoes, a bag, copyright law forces brands that want to apply for copyright protection to split up their ideas, which makes the actual results quite confusing."

"Fast fashion brands take advantage of this loophole, and they often copy 'just right'. Although they know it is plagiarism, they are helpless in terms of trademark copyright protection and legal aspects."

"They are very good at taking other people's ideas, replicating them, mass-producing them and selling them at a low price," Zerbo said.

Independent brand designers still have ways to protect their rights

Still, independent designers are not completely without options. Zerbo suggests that designers can issue a warning letter or reach an out-of-court settlement with the brand. This would force the offending company to remove the product from their store and pay the original designer a sum of money.

The road to rights protection is full of different voices

Some Shein loyalists argue that the average shopper can’t be expected to spend hundreds of dollars on a piece of clothing when there are cheaper options available.

Those who oppose SHEIN say that independent designers can increase their visibility through platforms such as Twitter, Instagram and TikTok, which can not only bring them more customers, but also increase everyone's awareness of original protection.

It is understood that the "Boycott SHEIN " (boycottShein) tag on TikTok has been viewed more than 3 million times.

It is not known how long the rights protection battle between independent designers and SHEIN will last, but big brands rely on online popularity to maintain their popularity, which may become the most powerful weapon for independent designers and their supporters to protect their rights.

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