Tuesday, June 18, 2013

Kate Spade Wins Trademark Dispute Against Saturdays Surf NYC

Photo: Glamour.com

Kate Spade's new diffusion line, Kate Spade Saturday which debuted in the Spring came across resistance and opposition from Saturdays Surf NYC who complained that the name was too similar to its own. Saturdays Surf said the names would cause confusion since the logo fonts are very similar and they are both in the business of selling apparel even though marketed towards different demographics, Saturdays Surf said they planned on starting a women's line at some point.

Kate Spade Saturday is a new global lifestyle brand created to evoke the spirit of Saturday seven days a week and has lower prices compared to Kate Spade New York but contains the same colorful and optimistic vibe. Whereas, Saturdays Surf is a retailer selling surf gear and ready-to-wear accessories for men in SoHo and West Village as well as in Tokyo.

Saturdays Surf demanded that Kate Spade cancel the launch of the new line and Kate Spade responded by taking the dispute to court in New York December of last year.  Saturdays Surf then filed a counterclaim claiming trademark infringement   

Yesterday, the federal judge presiding over the case ruled that "Saturdays Surf NYC has not shown a likelihood of confusion by a preponderance of the credible evidence. I am particularly persuaded by the relative weakness of the word that the two marks share, the significant distance between the men’s and women’s products, and the consistent inclusion of the famous house mark, Kate Spade, in its Kate Spade Saturday mark."

Fifth & Pacific Companies, Inc., who owns Kate Spade was very pleased with the outcome stating, "We are happy to announce that the court ruled in our favor. The court's findings align exactly with what we believe—that both companies and brands can peacefully co-exist in the market," in a statement.

This is not over for Saturdays Surf, which is deciding whether to file an appeal stating it "believes that confusion already exists in the marketplace with all of the similarities between both brands, and will only become more of a problem as Kate Spade Saturday increases its advertising presence around the globe.

Read More 
Complex: The Battle of Saturday: Kate Spade Beats Saturdays Surf in Trademark Dispute
WWD (subscription req'd): Kate Spade Saturday Wins Ruling

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