Target Pulls New Thread in Bikini Yarn

Would you pay $285 for a skimpy blue bikini with multicolored elastic threaded by way of multicolored crochet trim?

How about $176?

Or higher but, $38?

These are the choices out there to crochet-bikini lovers now that Target has jumped into one of many messiest swimsuit tales ever to unravel.

The big-box retailer this spring started to supply its Xhiliration-brand model of a showering swimsuit first bought on a seashore in 1998 by a Brazilian crochet artist. That bikini was later remade and marketed to nice success by a New York entrepreneur as the proper swimsuit for high-end luxurious patrons with tiny our bodies and large Instagram followings.

By making the swimsuit out there to the mass market — or a look-alike of a replica of the unique — Target has reinvigorated one of many bikini trade’s wildest mental property disputes in reminiscence; one which includes lawsuits and federal courtroom, and evokes questions on artwork, commerce, the trickling down of traits and the web’s position in all of it.

In an trade constructed on artistic inspiration, can anyone particular person personal a design? Is infringement litigation a waste of money and time that will be higher spent on new merchandise and concepts? If one internet-savvy particular person manages to create a marketplace for a product that will have in any other case existed principally in obscurity, does the marketer deserve any artistic credit score?

And that’s earlier than addressing any problems with cultural appropriation.

Accusations of creative theft by big brands against small, unresourced designers have involved all sorts of luxury names, including Chanel, Versace and Michael Kors. (All deny wrongdoing.)

This is the sort of fray in which Target is now ensnarled. But while most such cases tend to be tried solely in the court of public opinion, the crocheted bikini is different.

The lawsuit involves a bikini sold by Kiini, a brand that was brought to market in June 2013 by Ipek Irgit. Her initial $285 bikini is nearly identical to a bikini created and first sold in 1998 by Maria Solange Ferrarini, a beach vendor and artist in Trancoso, in the Brazilian state of Bahia.

Now, a federal court in the Southern District of New York is digging through those implications.

And the bikinis — all the versions — continue to sell.

The resulting photo — Ms. Ebergenyi wearing a Kiini while standing by a pool — appeared on the December cover of the magazine and was a big moment for the swimwear brand.

“I didn’t know I was a part of a fraud,” Ms. Ebergenyi said in an interview this spring.

Some people took to Instagram to register criticism of Kiini after the lawsuit drew attention. Both Ms. Irgit’s personal Instagram account and the Kiini brand account now have restrictions on commenting.

As for the Target version of the bikini, a company spokeswoman declined to make an executive available for an interview on how the bathing suit design was created.

In an emailed statement, the spokeswoman said, “Target offers a wide range of swimwear styles and designs that feature the current trends of the season. This year, one of the trends we saw across the marketplace is crochet trim, which we incorporated into swimwear and other products.”

Ms. Ferrarini’s lawyer, Jack M. Rutherford, shared with The Times a letter he sent to Target on June 25 asking it to “cease and desist” from selling the bikini. “Continuing violation of Ms. Ferrarini’s intellectual property rights, or any known past violation of those rights,” Mr. Rutherford wrote, may subject Target “to heightened liability for willful copyright infringement.”

(The lawyer was part of The Times’s earlier article as well. “While I filed this case under my previous legal name,” he said now, referring to his previous given name, Michelle, “I am a transgender man, and I now go by Jack M. Rutherford and am in the process of a legal name and gender transition.”)

The Target spokeswoman said that “neither Target nor the vendor who designed this swimsuit have received a claim, so we’re unable to comment on it at this time.”

Last summer, Ms. Irgit said she felt compelled to sue companies that she believes have been benefiting from Kiini’s success. “If your rights are being taken, and everything you’ve worked so hard for is, like, being wiped away, wouldn’t you do something about it? Are we all supposed to be afraid and run away?”

Her lawyer didn’t comment on whether Ms. Irgit plans to sue Target.

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