Homiès & Other Streetwear Parodies Test Designer's Trademark Rights

Photo: Asos.com

WWD came out with a great article last week on the prevalence of designer parodied trademarks on apparel that have become a huge trend as celebrities and fashion bloggers have embraced these re-created logos.   The most popular may be the "Homiès" sweatshirts and t-shirts created by Brian Litchenberg and seen on the backs on Rihanna, Miley Cyrus, the Kardashians and Cara Delevingne.  

But what are the legal ramifications?  Find out after the jump and see more designer parodied 
logos...

Louboutin and Charles Jourdan Settle Lawsuit Over Red Soles

Photo: Christian Louboutin

Christian Louboutin SAS v. Charles Jourdan Fashion Footwear LLC has been settled out of NY federal court less than one and half month after the case was filed.  Louboutin alleged that Charles Jourdan along with discount shoe retailer DSW infringed on Louboutin’s trademarked red soles when it offered for sale, Charles Jourdan shoes with similar red soles.  According to WWD, Louboutin referred to Jourdan’s shoes as “counterfeit” versions of its own shoes, and claimed that it supplied the infringing product to select DSW stores in Brooklyn and Manhattan.

Phillip Lim Creates New Logo for China to Combat "Trademark Squatter"

New Phillip Lim logo

Phillip Lim, who recently announced a collection for Target, also debuted a new brand mark for its 3.1 Phillip Lim collections.  The new logo is shown above.  According to the company, "a trademark squatter" currently owns the Chinese rights to the brand's name for ready to wear and footwear and without letting that stop Phillip Lim from launching its collection in China, it went to easier route of creating a new logo. 

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.

Gucci Appeals Milan Court's Ruling in Guess' Favor

Photo: Gucci

"If at first you don't succeed, try try again."  This seems to be Gucci's motto as it decided to appeal Milan court's dismissal of its infringement claims against Guess this past May.  Gucci requested the decision be overturned and all evidence of "brand infringement and unfair and parasitic competition against Guess be admitted." 

Gucci issued a statement saying:

"The appeal is a necessary action to protect its extraordinary historic wealth of iconic distinctive signs, famous the world and, more generally, to protect the values of creativity and innovation of quality of Made in Italy products.  Gucci, in fact, considers this sentence as potentially dangerous for the protection of the inestimable wealth of intellectual property represented by Made in Italy products."

Gucci vs. GUESS: Who Won and Who Lost More Than Just the Case

Left: Guess; Right: Gucci

On May 2nd, the Milan Court presiding over the trademark infringement case filed by Gucci against GUESS ruled in Guess' favor essentially agreeing with all of their arguments.  They ruled that GUESS' diamond pattern and floral motifs are common in fashion and further that the popular GUESS Quattro G logo pattern did not infringe on Gucci's interlocking Gs.

This is surprising because one would assume that Gucci had home court advantage in Italy as the birthplace of the brand but not only did the Milan Court reject Gucci's infringement claims, they added insult to injury by cancelling 7 of Gucci's trademark registrations.  The trademarks included 3 Italian trademarks and 4 trademarks for the EU.  The Court reinforced GUESS'  defense that it was never trying to dilute Gucci's brand or confuse consumers that GUESS was Gucci.