Vogue houses Fendi and Marc Jacobs have been sued for trademark infringement in the United States District Court docket for the Central District of California by an additional clothes firm identified as Roma Costumes, Inc. According to Roma Costumes, Fendi and Marc Jacobs infringed their trademark legal rights to Roma Costumes’ trademark when they collaborated to launch Fendi’s “Roma” assortment. In accordance to Roma Costumes, the “reimagined logo” by Marc Jacobs is confusingly identical to Roma Costumes’ trademark.
According to the Grievance, Roma Costumes sells women’s outfits, extras, and costumes during the United States and owns two individual trademark registrations for ROMA and ROMA COSTUMES, as the marks relate to “fitted clothes for gals, particularly, costumes.” Roma Apparel claims to have been utilizing the marks for a long time and put in sizeable sums of dollars marketing and selling its outfits line in commerce. Accordingly, Roma Clothing seeks injunctive relief.
Roma Costumes also contends that Fendi and Marc Jacobs knew or should really have known of Roma Costumes’ trademark rights but selected to violate them in any case. Roma Costumes does not explain how Fendi or Marc Jacobs understood or ought to have recognised of Roma Costumes’ trademark rights, but its allegation is probable a reference to the existence of the trademark registrations, which, as a issue of law, place all functions in the region on constructive notice of the owner’s rights.
Apparently, Fendi also owns a style mark consisting of a logo with the word FENDI in huge font on major of the word ROMA, which applies to apparel, handbags, wallets, suitcases, backpacks, hats, and other items. But in accordance to the Grievance, that trademark registration includes a disclaimer that Fendi does not have the correct to use the phrase Roma on your own. Of study course, if which is real, it could be problematic in this motion.
That is the Fendi mark that Fendi and Marc Jacobs “reimagined” to develop the Roma symbol that is at issue in this dispute. According to the Grievance, it has been promoted on YouTube, in journals, on the Fendi website, and on a variety of other platforms. With these popular dissemination, Roma Costumes has excellent purpose to be concerned if its trademark legal rights genuinely are top-quality to Fendi’s.
Fendi and Marc Jacobs have not however responded to the Grievance or issued a public statement. We will retain an eye out for developments on the problem.