The global fashion brand Zara filed a trademark infringement suit against Thiliko, alleging that the company marketed Zara-manufactured items as its own and used Zara’s marketing materials without authorization. This case raises critical questions about how consumer perception surveys can influence outcomes in trademark infringement and false advertising disputes, particularly in the context of fashion and sustainability claims.
Fast Fashion False Advertising Filing
Zara and its affiliated companies filed a complaint in the U.S. District Court for the Southern District of New York against Los Angeles-based Thiliko, LLC. The complaint alleges copyright infringement, unfair trade practices, deceptive trade practices, and false advertising.
Zara, a Spanish “fast fashion” brand with global reach, was ranked by Forbes among the world’s most valuable brands in 2019 and 2020. The defendant, Thiliko, is operated by a single individual, Queenie Williams (also known as Qianru Pu and Qianru Williams). According to the complaint, Williams purchased Zara clothing online, removed identifying tags, and resold the garments under the Thiliko label at a markup. Thiliko allegedly used identical Zara product images across online and social media platforms, as well as through independent retail outlets in New York.
Zara owns copyrights for 32 images and designs cited in the complaint. The brand further alleges that Thiliko marketed the garments as sustainably produced and manufactured in small batches, claims that, if unsubstantiated, could constitute false advertising under the Lanham Act.
Fast Fashion and Consumer Surveys
Consumer perception surveys play a central role in intellectual property disputes. Survey research may be introduced by either party to measure whether consumers are likely to be confused about the source or sponsorship of products. If one brand is sufficiently well known, surveys can be used as evidence of trademark dilution resulting from the alleged misuse of trademarked materials and marketing content.
In addition, consumer perception surveys could be used to measure how consumers interpret Thiliko’s environmental and sustainability claims in its advertising, assessing whether those representations are misleading or material to purchasing decisions.
Consumer Survey Use in Intellectual Property Law
Consumer surveys provide data-based evidence on key issues such as confusion, deception, dilution, and materiality in trademark and false advertising disputes. The evidence can support or refute claims of infringement and misleading advertising in the minds of juries or judges.
At IMS Legal Strategies, the Litigation Surveys and Consumer Science team’s experts design, execute, and testify in complex IP disputes. Our experts design surveys to assess confusion, dilution, and other elements central to intellectual property and advertising law. To learn more about how survey evidence can support your case, contact us.
