Miller Barondess Files Lawsuit Against Clothing Label Zara for Infringement
LOS ANGELES--(BUSINESS WIRE)--Jan 23, 2020--
Atelier Luxury Group, LLC, owner and creator of high-end fashion brand, AMIRI, filed a lawsuit on January 22, 2020 against Zara USA, Inc. for copying Atelier’s celebrated AMIRI MX2 jeans. Atelier, who has enjoyed tremendous success with its popular label, alleges that Zara created its own knock-off MX2 jeans to piggyback off AMIRI’s highly recognizable and valuable design. The lawsuit seeks damages in excess of $3 million.
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The popularity of AMIRI’s label has skyrocketed since its launch in 2013; the label has been described as “one of the biggest businesses” in the men’s ready-to-wear market. AMIRI clothes are featured in more than 150 high-end retailers around the world. The brand’s clothing, shoes and accessories are widely linked to fashion trend-setters in the entertainment and sports communities.
AMIRI debuted its distinctive MX2 jeans in January 2019. Every pair of authentic MX2 jeans is hand-treated and carefully assembled over a period of months at Atelier’s Los Angeles headquarters. AMIRI MX2 jeans have become famous in the fashion community and are worn by leading celebrities and fashion influencers.
Atelier claims that Zara began selling its own knock-off MX2 jeans, called the Zara Combination Skinny Biker jeans, around December 2019; and that Zara’s Biker jeans share the same distinctive pleated leather panel detailing, side zippered thigh pockets, zippered knee closures, and skinny fit washed denim as the authentic MX2 jeans. It is alleged that virtually every discernible aspect of Zara’s Biker jeans is intended to emulate the AMIRI MX2 jeans.
Atelier owns several registered and common law trademarks relating to AMIRI. The lawsuit claims that Zara never approached Atelier for a license or any other permission to use its valuable trade dress; and that Zara intentionally capitalized on the recognition and fame associated with the AMIRI MX2 jeans by passing off its goods as those of AMIRI.
The lawsuit alleges that customers who come into contact with Zara’s Combination Skinny Biker jeans are confused as to the affiliation with the AMIRI MX2 jeans because Zara’s knock-off jeans are largely indistinguishable from the AMIRI line. Atelier claims that the presence of Zara’s Combination Skinny Biker jeans in the market therefore diminishes the exclusivity of genuine AMIRI MX2 jeans, dilutes the reputation and goodwill of the AMIRI brand, and misleads consumers into believing that Zara’s jeans are sponsored, licensed, authorized or otherwise associated with AMIRI.
This is not the first time that Zara has been caught infringing another fashion designer’s intellectual rights. Zara also has been sued by other apparel companies multiple times over the last few years for infringement of trademark and trade dress rights.
Atelier’s claims against Zara include federal trade dress infringement, federal trade dress dilution, federal unfair competition and false designation of origin, California trade dress dilution and California unfair competition. Atelier seeks injunctive relief, compensatory damages, and punitive damages, among other relief.
The Plaintiff is represented by A. Sasha Frid and a team of lawyers at Miller Barondess, LLP in Los Angeles. Per Frid, who is lead counsel: “Zara’s conduct cannot go unchecked. It’s a blatant violation of law for the company to copy our client’s designs. Atelier invested a great deal of time, resources and skill to develop its product line. We will hold Zara accountable and look forward to our day in Court.”
About Miller Barondess, LLP:
Miller Barondess, LLP is a 40-lawyer firm in Los Angeles handling high-stakes litigation and trial work. A. Sasha Frid is a top trial lawyer who has achieved significant victories for both plaintiffs and defendants. Frid has handled disputes involving copyright and trademark, trade secret, idea theft, right of publicity, entertainment and music law. Frid also has represented international conglomerates, public companies, banks, manufacturers and real estate developers. The firm’s attorneys hail from top law schools and aggressively and effectively litigate for their clients. For more information, please visit millerbarondess.com.
Case No. 2:20-cv-00675
View source version on businesswire.com:https://www.businesswire.com/news/home/20200123005789/en/
CONTACT: A. Sasha Frid
Miller Barondess, LLP
KEYWORD: UNITED STATES NORTH AMERICA CALIFORNIA
INDUSTRY KEYWORD: LEGAL PROFESSIONAL SERVICES
SOURCE: Miller Barondess, LLP
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PUB: 01/23/2020 03:14 PM/DISC: 01/23/2020 03:14 PM