Kiini
| Designer | Solange Ferrarini [1] |
|---|---|
| Type | swimwear |
| Material | crochet and elastic |
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The Kiini is a crocheted bikini created by Brazilian street artist Maria Solange Ferrarini that has been the center of several lawsuits. Turkish American entrepreneur Ipek Irgit took the idea of the swimwear during a visit to Brazil and claimed copyright on the design. Since starting her company in 2013, Irgit has made copyright claims against any similar swimwear and never credited Ferrarini.[1] In 2019, Ferrarini was awarded her own copyright on the design she created.[2]
History[edit]
Maria Solange Ferrarini (born 1956/1957) in São Carlos, Brazil to a seamstress mother and bricklayer father. She was taught to crochet at an early age and sewed out of economic necessity, which she sold on the beach in Trancoso, Brazil. As the beach town became more popular, her sales increased. British model Kelly Brook was photographed wearing the bikini during her visit to the town in 2012. Ferrarini signs all of her crafted bikinis.[1]
In 2013, Turkish American entrepreneur Ipek Irgit launched her brand under the trademark of Kiini.[1][3] The product gained attention after model Dree Hemingway posted a picture of herself in a kiini.[4][1] Irgit, who had previously worked for New York design companies, including Max Mara,[5] branded her product by creating a portmanteau of her initials and the word bikini.
Initial claim[edit]
In 2014, Irgit obtained copyright protection for the bikini design and claimed trade dress rights.[6][1] In 2015, Irgit sued Victoria's Secret for a similar bikini.[7] Later, Irgit sued Neiman Marcus and two other swimwear companies for trade violations.[7] Sally Wu, a colleague of Irgit's in the production of the kiini, told The New York Times that Irgit feared that the discovery process of those lawsuits would reveal that Irgit had not actually designed the kiini. (Irgit denies Wu's claim.) The discovery process never proceeded, and Irgit and Victoria's Secret settled their suit out of court.[1]
Other lawsuits[edit]
In April 2018, Kiini filed a federal lawsuit in the Southern District of New York, against Neiman Marcus, alleging unfair competition.[1] A month later, Kiini amended its lawsuit against Neiman Marcus to explicitly add PilyQ, Bloomingdales, Lord & Taylor, Macy’s and other retailers as defendants.
PilyQ is a swimwear brand which sells a line of crochet bikinis under its brand name Platinum.[1] Following the lawsuit, Jason Forge, the husband of one of PilyQ's owners, sought out Brazilian street artist Maria Solange Ferrarini, to negotiate a licensing deal for her crocheted bikini designs.[1] Under the terms of the deal, Ferrarini was paid about $5,100 in 2018, and will earn an annual licensing fee of $7,700 in 2019.[1]
Forge subsequently contacted a lawyer who did work for Victoria's Secret during their case with Kiini, Michelle Rutherford, and asked her to represent Ms. Ferrarini in a lawsuit against Kiini.[1] In June 2018, Rutherford filed a lawsuit against Irgit and Kiini in federal court, in the Central District of California, asking for a public apology.[1]
The lawsuit alleges that Kiini is infringing on Ferrarini's designs, and claimed copyright on the design. Since starting her company in 2013, Irgit has made copyright claims against companies selling similar designs. Kiini has and never credited Ferrarini as an inspiration for the designs, and Irgit maintains that the designs were inspired by her Turkish grandmother's own designs.[1]
Operations[edit]
Sally Wu, a liaison who worked with Irgit on production in China in Kiini's early days, claimed that Kiini manufacturers bikinis in China at a cost of $29, and that Kiini generated $9 million in sales in 2015.[1] Notably, these claims were not corroborated by Kiini or with any documentation.[1] Kiini sells their bikinis at a retail price of $285.[7] Irgit names the colors of her design by her friends daughters, each daughter getting a "unique design."[8]
Today[edit]
As of October 2019[update], Neiman Marcus,[7] Target[2] and other retailers[8] continue to sell their own versions of crocheted bikinis, while Irgit's lawsuits against them, and Ferrarini's lawsuit against Irgit, continue to work their way through the courts. Ferrarini was awarded her own copyright on her crocheted bikini design by the United States Copyright Office in January 2019.[2] Ferrarini's copyright was awarded under the title "Ferrarini Bikini".[9]
References[edit]
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 Rosman, Katherine (March 29, 2017). "The Itsy-Bitsy, Teenie-Weenie, Very Litigious Bikini". Retrieved March 29, 2017.
- ↑ 2.0 2.1 2.2 Rosman, Katherine. "Target Pulls New Thread in Bikini Yarn".
- ↑ Kiini
- ↑ Sagansky, Gillian (September 15, 2014). "Bikinis Forever". Retrieved September 15, 2014.
- ↑ "Introducing Ipek Irgit: The Designer Behind This Summer's Hottest Swimwear Brand". March 29, 2017. Retrieved March 29, 2017.
- ↑ Givner, Ariel (March 29, 2017). "Kiini, Victoria's Secret Settle Swimsuit Infringement Lawsuit". Retrieved March 29, 2017.
- ↑ 7.0 7.1 7.2 7.3 Weiss, Debra Cassens (2019-01-02). "Who owns the copyright to a crocheted bikini? Legal battle waged by Kiini maker takes a turn". ABA Journal. Retrieved 2019-01-02.
- ↑ 8.0 8.1 Julia, Maria (May 11, 2018). "7 WEBSITES FOR BEAUTIFUL KIINI LOOK ALIKES (FOR CHEAP!)". Retrieved May 11, 2018.
- ↑ Ferrarini, Maria Solange (2018-06-23). "Ferrarini Bikini Copyright Application". United States Copyright Catalog. Retrieved December 8, 2019.
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