Take a look at ModCloth's "Florence Nightingale" necklace (left) and Forever 21's "Song Bird Pendant Necklace II." From the angle of the twigs on the branches to the gleam in the two birds' eyes, the details are suspiciously similar. Sure, the ModCloth version is "vintage inspired" -- and Forever 21 could in theory have drawn the same source. But what is the likelihood that both modern pieces are based on one particular antique pendant, with reproduction of all the same elements -- or on one particular songbird, for that matter?
Since the item at issue is jewelry and not clothing, ModCloth could very well have a copyright infringement claim against Forever 21, provided that ModCloth's fine feathered friend is different enough from its (presumably public domain) vintage source to qualify for a copyright. Still, ModCloth can't have expected its quite reasonably priced piece, which retails for a mere USD $12.99, to be knocked off and sold for $5.80.
Birds of a feather may flock together, but from the perspective of a creative designer, this has all the makings of a Hitchcock moment.
Many thanks to fully fledged fabulous fashionista Becky Perlman for the tip!