Shein, Kmart fight back against Qld retailer in intellectual property dispute

Shein says designs Sabo Skirt says it copied were not new. (ABC News: Peter Mullins)

Kmart and Shein have challenged the originality of designs that Queensland retailer Sabo Skirt said they had copied in an intellectual property dispute.

The businesses, alongside online retailers Billy J and Selfie Leslie, have denied that they infringed Sabo Skirt's intellectual property rights and challenged the ownership of the designs.

The matter will return to the Federal Court in Queensland on July 7.

Chinese fast-fashion giant Shein and Australian powerhouse retailer Kmart have fired back at Queensland fashion brand Sabo Skirt, claiming designs they were accused of copying were not original.

The allegations have come to light as part of an intellectual property dispute in the federal court.

In February, Sabo Skirt and the company Larry and Luke — which owns the related intellectual property rights — accused 19 businesses of copying the designs, patterns, prints and trademarks of 36 different garments.

Since the proceedings began, Sabo Skirt has discontinued the claim against seven businesses.

The Australian branch of Shein, Kmart, Australian online retailers Billy J and Selfie Leslie, and a Singaporean wholesaler linked to Shein have all denied the allegations made against them, challenging the originality and ownership of the designs.

Kmart says Sabo Skirt's 'shoreline design' (pictured on the dress above) is the same as multiple other prints published before Sabo Skirt's was registered. (ABC News: Peter Mullins)

In court documents, Shein and Kmart claimed Sabo Skirt did not hold the copyright for various elements of the garments they were accused of duplicating because those designs were not "new and distinctive".

One example is the "shoreline design" by Sabo Skirt: a print featuring aquatic items including lobsters, shells and leaves, portrayed in different orientations scattered across a white background.

The print was first registered with the official government body IP Australia on October 17, 2024.

In Kmart's counterclaim, it provided examples of almost 50 images published before Sabo Skirt's print was registered, which Kmart claimed were "identical or substantially similar" to the shoreline design.

Shein made a similar claim about Sabo Skirt's Terazza design, a maxi A-line dress with spaghetti straps and a wide tie back with rickrack lining the panels.

Examples of dresses that Shein says are substantially similar to the pattern used in Sabo Skirt's design (centre). (Supplied)

In court documents, Shein submitted nine images of designs regis