Abercrombie & Fitch has accused J.C. Penney and one of its suppliers of copyright infringement. The suit comes as a result of J.C. Penney’s sale of Seena International, Inc.’s (Seena), “Ditch Plains” brand shirts.

Many of the shirts bear “Ditch,” “DP,” or other words arranged in styles that are arguably similar to Abercrombie’s shirts. For example, where Abercrombie has a shirt that bears the word “Fitch” on top of a circular logo design, the Ditch Plains shirt says, “Ditch” above a design with circular shape. Other examples include shirts displaying beach scenes, “DP” instead of “A & F,” and other arguably similar design components.

See samples of the two brands below:

Prior to filing the complaint in the US. District Court for the Southern District of Ohio, Abercrombie attempted to resolve the matter by sending Seena a cease and desist letter. Seena agreed to stop making the shirts, but did not honor that agreement and continued to produce the designs and expanded its collection. Now, the court will have to decide if the “Ditch Plains” shirts infringe on Abercrombie & Fitch’s designs.

Arent Fox is monitoring this case. For more information on this case or any other cases involving copyright infringement, please contact Anthony V. Lupo or Sarah Bruno.