Danielle Bernstein has her panties in a bunch. The fashion influencer who boasts 2.5 million followers is taking legal action against lingerie brand the Great Eros in a move the brand’s lawyer calls “slimier” than anything he’s seen “in more than a decade of practicing law.”
Bernstein, the founder of fashion blog and brand WeWoreWhat, filed papers in the Southern District on Thursday after the Williamsburg-based bra brand sent her a draft of a planned lawsuit and a cease and desist letter claiming she copied them.
Bernstein is seeking a judgement that her use of the designs “does not infringe,” or “violate Defendant’s purported copyright.”
The Great Eros’ lawyer, Jeff Gluck, tells us, “she secretly filed this lawsuit while pretending to hold settlement talks. I have never seen anything slimier.”
In August, the undie brand accused Bernstein of ripping off a nude silhouette pattern they use on tissue paper and slapping it on her line’s wallpaper and $195 bathing suits for Onia.
The Great Eros co-owner, Christina Viviani, told us her design “felt so spot on” noting the size, poses and spacing of their nudes.
In the suit, Bernstein says her design “was inspired by the generally ubiquitous concept of silhouette drawings of the human form along with a number of Henri Matisse’s line drawings.”
Gluck tells us, “This misguided charade is nothing more than yet another nasty attempt to intimidate and silence independent creatives and small-business owners. She believes that rules don’t apply to her.”
Bernstein was accused of stealing mask designs from Second Wind and a design from an Etsy shop, both of which she denied.
Bernstein’s lawyer, Robert Salame, said, “When it became clear that the Great Eros was going to baselessly sue our clients, we felt compelled to seek court confirmation that no infringement occurred.”