Seafolly is one of Australia’s best known fashionable swimwear brands. Its swimwear styles are sold throughout Australia and in many countries throughout the world. Seafolly is known for its innovative and stylish swimwear styles. Seafolly has its own dedicated graphic design team that are responsible for designing new and original fabric prints and designs for Seafolly’s swimwear range. These original and distinctive fabric and garment designs are very important to Seafolly maintaining its reputation as one of Australia’s leading swimwear brands.
Earlier Seafolly became aware that Leah Madden of White Sands Swimwear has made allegations on her facebook page that Seafolly has copied 7 of her swimwear designs. Ms Madden has posted on her facebook page reproductions of photographs from Seafolly’s catalogue showing the Seafolly garments which she claims are copies of swimwear garments designed by White Sands Swimwear. Seafolly has also become aware that Ms Madden has sent emails to media outlets attaching Seafolly’s photographs together with photographs of the White Sands Swimwear garments making these allegations of copying.
Seafolly denies these claims and says that they are completely false and without foundation and says the claims have been made maliciously to injure Seafolly. Seafolly will be taking immediate action to cause Ms Madden to withdraw these allegations. Seafolly notes that many of the designs which Ms Madden claims Seafolly has copied were released into the marketplace by Seafolly before White Sands Swimwear released its relevant swimwear garment. Seafolly also says that the other designs which Seafolly is alleged to have copied were substantially progressed in development prior to White Sands Swimwear releasing it relevant swimwear garments into the marketplace.
Seafolly has demanded that Ms Madden remove the photographs of the Seafolly garments from her facebook page and withdraw the allegations. Unless the allegations are withdrawn and a full and complete apology are made Seafolly has advised that it will issue proceedings against Ms Madden on the basis that the statements which she has made are false and misleading and made with the malicious intent in order to damage Seafolly’s business.
Anthony Halas, Chief Executive Officer of Seafolly, said “Seafolly is shocked by the claims made by Leah Madden on her website. Seafolly is a well known international swimwear company that prides itself on its original swimwear designs. Seafolly employs a large design team to create its original and innovative swimwear and it would never copy a swimwear design of any competitor in the marketplace. Seafolly takes vigorous action against people who copy its designs and it has issued numerous infringement actions against copyists in Australia and internationally. Seafolly is committed to taking action against Ms Madden to set the record straight and to ensure that Seafolly’s reputation as an innovative designer is maintained”.
Tony Watson, a Partner of Middletons who has acted for Seafolly in many of its infringement cases which it has brought against traders who have copied Seafolly’s designs, said that “Seafolly takes the copying of its original fabric designs and garments seriously and it currently has proceedings on foot in France and Canada against copyists. Through bringing these proceedings Seafolly has shown that it stands by its original and innovative designs. Mr Watson also said that “Seafolly will issue court proceedings if it has to in order to clear its name of these allegations of copying.”
