Contemporary brand Trovata’s lawsuit against giant retailer Forever 21 will see another day in court. Tentative dates have been scheduled for October for the award-winning fashion label’s lawsuit against Forever 21, according to Trovata lawyer Frank Colucci. A lawyer representing Forever 21 confirmed a retrial will be scheduled for October.

Trovata’s lawsuit against Forever 21 ended in a mistrial on May 27, when the jury failed to come to a decision. In court documents, Trovata alleged that the retailer copied seven garments from its Spring 2006 collection.

Colucci argued that Forever 21 violated Trovata’s trade-dress rights. Trade dress is the concept that the shape or combination of elements of a specific product are unique to a manufacturer. For example, the hourglass-shaped bottle is thought to be unique to Coca Cola. If a second company sells products with a similar shape or combination of elements, a jury may find that the second company has infringed on the intellectual-property rights of the first company. At the first trial, lawyers for Forever 21 said the retailer had not broken trade-dress rules.—Andrew Asch