Hot pink sculptures on display at Aritzia at centre of U.S. copyright lawsuit

Vancouver-based retailer Aritzia is being sued by a California artist who says the chain has been displaying replicas of his sculptures at stores across North America without his permission.

Richard X. Zawitz, who owns Tangle Creations, is seeking up to $30,000 in damages for each alleged copyright infringement by Aritzia, according to a complaint filed in U.S. federal court for the Northern District of California last month.

At the heart of the issue are hot pink chrome sculptures made up of 18 interlocking, curved pieces that can be twisted into various shapes.

“The striking similarities between the infringing sculptures and the Tangle sculptures indicate that defendants committed their infringing acts deliberately, willfully, and maliciously, without regard to plaintiff’s proprietary rights in the Tangle copyright registrations,” the lawsuit reads.

Included in the court documents is a photo of Zawitz’s copyright for Tangle sculptures, as well as a sculpture on display at an Aritzia retail store that he describes as “substantially similar.”

In his complaint, Zawitz argues Aritzia should have been familiar with his artwork—which he’s been creating for the past four decades—through international collaborations with fashion giants like Vogue Italia and J.W. Anderson.

He provided evidence in the form of a 2007 spread in L’Uomo Vogue in which Michael Jackson donned a Tangle sculpture.

Not only is Aritzia displaying sculptures similar to the ones Zawitz has been creating for the past four decades, the retailer’s spring 2023 marketing campaign also utilizes portions of Tangle’s tagline “possibility, flexibility, and multiple viewpoints,” according to the complaint.

“The infringing sculptures, as part of defendants’ spring 2023 marketing campaign, have served an instrumental role in attracting a larger number of customers to defendants’ retail stores and increasing defendants’ sales and profits,” reads the lawsuit.

A spokesperson for Aritzia says the case is currently under review.

“These sculptures were created by Artizia’s in-house designers who strive to create an everyday luxury, aspirational shopping environment for our clients,” the spokesperson said in an email to CTV News.

Aritizia has been displaying the sculptures of concern at retail stores in both the U.S. and Canada, plus the retailer has highlighted the artwork through its social media accounts, the lawsuit notes.

Zawitz is demanding a trial by jury, and to be compensated for “any and all profits realized” by Aritizia’s alleged exploitation of his art.

CTV News reached out to Zawitz, but did not receive a response.