Fashion labels Sheike, Modanisa in legal fight over floral fabric design

Two women’s fashion labels are putting the petal to the metal in a Federal Court fight over the ownership rights to a custom-made flowery print.

Sheike is in a legal battle over a floral print.

Two women’s fashion labels are in a blooming battle over a floral fabric design.

Sheike has launched legal action in the Federal Court against Australian retail company Modanisa - which operates stores under the name Modelle - claiming it owns the copyright to the flowery print.

It says, in a statement of claim filed to the court, it purchased the rights to the original artistic work from Longina Phillips Designs.

Women’s apparel garments were made from the design and were “successful products” for Sheike, the fashion house claims.

But now dresses sold by Modanisa Pty Ltd “comprises a reproduction of the whole or a substantial part” of the design, it claims.

The court documents claim a Sheike representative purchased a dress with the floral design from Modanisa’s Modelle branded retail store at Melbourne’s Northland shopping centre.

A Sheike dress with the fabric that at the centre of the Federal Court dispute.

Sheike is seeking damages for lost sales and to its reputation arising from what it described as Modanisa’s “flagrant” conduct.

It claims Modanisa continued selling the products despite Sheike putting the clothing brand on notice.

“Modanisa has engaged in conduct which infringes the copyright work in respect of which Sheike is entitled to general damages,” the statement of claim said.

“There is a need to deter Modanisa from engaging in similar infringements in the future.”

Sheike has also demanded it reap some of the profits made by Modanisa in its selling of garments with the custom-made print.

Justice Michael Wheelahan has ordered Modanisa provide Sheike with documentation identifying a list of garments manufactured from the fabric it has sold or in stock.

Sheike is in a legal battle over a floral print.

Any evidence referencing their materials used, samples and design drawings must also be provided, the Federal Court judge said.

Modanisa has until Monday to file its defence submissions to the court.

Then the parties have been ordered to face mediation in August in hope of resolving the floral feud.

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If they can’t settle, it could be directed for trial.

Sheike operates retail stores in Victoria, New South Wales, Queensland and Western Australia.

Modanisa owns and operates Modelle-branded retail stores in Broadmeadows and Northland.

It also has two stores in New South Wales.

It has no affiliation with popular Turkey-based online retailer Modanisa.com, which specialises in hijab fashion and modest women's clothing.

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