.
“That’s when I went looking in there … and then it was never-ending, I could just keep looking and finding them.”
The Chinese fast-fashion retailer provides a portal for people to make an intellectual property (IP) infringement claim against Shein itself and its vendors.
The portal requires the claimant to provide details on when and where the infringed item was first published and providing images of the work.
It’s a process Burzynska found tedious; it took hours to make claims for multiple items — time she does not have as a sole trader.
She said she was concerned the duplication could lead people to think she was copying Shein or dropshipping — a business model where sellers purchase from third parties after receiving orders and do not keep stock on hand.
Klaudia Burzynska shared original files of her Amalfi Limoncello design.
ABC/Supplied
“I think it’s damaging my reputation as a brand because if there are people that were considering purchasing my products, they would start doubting the authenticity,” she said.
Shein is among multiple businesses embroiled in a legal battle in the Federal Court with Sabo Skirt, which claims its copyright and IP has been infringed.
Costly to protect
Bundaberg-based swimwear designer Emily Gradon said she first found duplicates of her brand Tribe Tropical’s designs on Shein by doing a reverse image search.
“They probably changed it maybe 30 per cent … for example, one of my prints features a kingfisher bird, whereas they had changed it out and put in a blue wren, but the rest of it was identical,” she said.
She said trying to protect her IP legally felt too costly and time-consuming for a small business. Instead, she would like to see a government body formed to help protect Australian designers from overseas companies copying their designs.
Gradon said she would also like to see higher import taxes on overseas giants like Shein to discourage Australians from purchasing from them.
“There’s so many expenses that go into running a small business that people just don’t realise,” she said.
“So for Shein to be able to sell it for $10, it’s honestly gut-wrenching.”
Tribe Tropical designer Emily Gradon said Shein had slightly altered her prints to make them almost identical.
ABC/Supplied
Turning copies into content
Cofounder of Rooh Collective in Sydney, Akshay Arora, has also found duplicates of his designs on Shein.
A customer in the United States brought the matter to his attention in 2024 when they found a dress they had purchased on Rooh Collective advertised on Shein using Rooh’s imagery.
“We started looking through the website, and then we found two other designs of ours being used,” Arora said.
As a small business of just himself and his wife, Arora chose not to contact Shein to have the designs taken down — instead, the pair used screenshots of the duplicates to create online content.
“The support we got from the community … that was enough for us to keep going,” he said.
Arora said the time it would take to fight brands like Shein was more valuable to them than the monetary cost.
He said he would like to see a simple and affordable way for designers to register their designs without involving lawyers to help protect their work.
Cofounder of Rooh Collective Akshay Arora says Shein (right) has duplicated their design (left).
ABC/Supplied
Legal issues
IP lawyer Sharon Givoni, who specialises in fashion, said the issue of copying was widespread in the industry, often instigated by overseas manufacturers with a “catch me if you can” attitude towards infringement.
She said for small designers, her advice was to be proactive in registering their core designs with IP Australia and picking their battles.
“A practical step is to focus on your core designs … and then treat those as the ones you defend,” she said.
She said keeping records such as dated sketches, working files, original products, photos and proof of when they were first listed or sold could also help defend an IP claim.
“Time is of the essence with these things because with fast fashion, it goes so quickly,” she said.
“The longer you wait, the more damage is done.”
She said ways to help consumers identify authenticity could be trademarking the garments’ swing tags or including small details like a button as a point of difference.
A Shein spokesperson said Shein’s vendors were required to comply with company policy and certify their products do not infringe third-party IP.
“When legitimate complaints are raised by valid IP rights holders, SHEIN promptly addresses the situation, and removes the products from our site as a matter of caution while we investigate. If a violation is confirmed, SHEIN takes appropriate action,” they said.
Givoni said while the outcome of the Sabo Skirt court case would not stop copying occurring, it could set a new precedent.
“If they win … it could put some more legal and financial teeth behind the message ‘you can’t just lift a small label’s designs and sell them cheaper,’” she said.
