Drake’s clothing brand sues Bellroy over owl TM
Drake’s clothing brand October’s Very Own (OVO) has taken wallet maker Bellroy to court over the use of an owl trademark.
The Canadian singer’s company accused Australia-based Bellroy of changing its logos of a “stocky, hunched-over owl” in order to more closely resemble OVO’s owl trademarks, before beginning to sell footwear.
“Pointedly, Bellroy has made no attempt to register [its new owl logos] with the US Patent and Trademark Office, as any such application undoubtedly would be rejected as confusingly similar to the OVO owl marks,” added the claim.
OVO, which was launched in 2008 and has collaborations with the Toronto Raptors professional basketball team, Timberland and Nike, owns a US trademark for its owl mark (US number 4,903,492), covering apparel, carrying cases, and retail store services.
Drake’s brand also owns two pending US trademark applications for its other owl mark, covering entertainment services, beverages, and food products.
In the suit, filed on Thursday, March 5 at the US District Court for the Southern District of New York, OVO said: “This case arises from the defendant Bellroy’s shockingly willful and egregious trademark infringement of the OVO owl marks. Rather than develop its own goodwill, Bellroy seeks to trade off plaintiff’s hard-earned reputation, and to create confusion in the marketplace, by blatantly copying the OVO owl marks.”
According to the claim, Bellroys’ collaboration with footwear brand CLAE and the Australian’s company’s planned expansion into clothing will cause “significant” consumer confusion and irreparable harm to OVO’s goodwill.
“Undoubtedly, Bellroy intends to create consumer confusion and mislead the public into thinking that Bellroy’s goods either emanate from, or in some manner are associated or affiliated with, plaintiff,” added the suit.
OVO has allegedly engaged in extensive efforts to dissuade Bellroy from continuing its infringing conduct, but Bellroy has refused to desist.
Now, OVO is seeking an injunction to stop Bellroy from using its new logos, and selling any footwear or clothing with all of its logos (both old and new). It’s also seeking the destruction of any infringing goods and profits.
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