The Iconic is suing Chinese ultra-cheap clothing juggernaut Shein in the Federal Court for allegedly infringing the trademarked name of the Australian fashion retailer’s exclusive label, Dazie.

Dazie is one of more than 10 exclusive labels designed and produced in-house by The Iconic, which has sold clothing under the Dazie name since January 2018.

The Iconic hit Shein with an infringement notice letter on August 30, 2022, for selling clothing to Australians under the name “Dazy” since at least August 2022, The Iconic alleges in court documents.

Since then, the two retailers have been trading letters back and forth in which Shein – through law firm Gadens – said it would stop selling clothes under the Dazy name but actually continued to do so.

“The Dazy trademark is substantially identical or substantially similar to the Dazie trademark,” The Iconic, which is being represented by lawyers Bird & Bird, said in its statement of claim.

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“Unless permanently restrained by this Court, the respondents will continue to engage in conduct infringing the Dazie trademark.”

The Iconic has suffered loss and damage from profits Shein made that they were not entitled to, the Australian online retailer claims.

The Iconic’s claim against Shein relates to the trademarked name itself and not particular items of clothing sold under Shein’s “Dazy” line.