Fruit of the Loom takes rival to court over fruit trademark
Apparel company Fruit of the Loom has sued a Texas-based clothing company over the use of a fruit trademark on clothing.
The lawsuit was filed at the US District Court for the Western District of Kentucky on Tuesday, June 27.
It alleged that En Garde’s use of the mark ‘Fruit of the Tomb’ on clothing is “likely to cause confusion or deceive customers” into thinking that the goods are affiliated with Fruit of the Loom.
Fruit of the Loom owns a number of trademarks relating to clothing, including US registration number 1,876,708 for the ‘Fruit of the Loom’ name and 4,372,395 for the ‘Fruit of the Loom’ logo, which features apples and grapes above the brand name.
En Garde sells a range of clothing, including leggings, t-shirts and skirts using the ‘Fruit of the Tomb’ logo and other Halloween-themed items, according to its website.
The Texas-based company registered a trademark application (US application serial number 86/687,285) with the US Patent and Trademark Office in March 2015 for the mark ‘Fruit of the Tomb’.
Fruit of the Loom filed a trademark opposition in November 2015 against the application, according to the complaint.
“En Garde's ‘Fruit of the Tomb’ mark is confusingly similar in sight, sound and overall commercial impression," said Fruit of the Loom.
It added: “As a direct result of En Garde's conduct, we have suffered and will continue to suffer damages in an amount to be proved at trial.”
Fruit of the Loom is seeking injunctive relief, a denial of En Garde’s trademark application, damages and attorneys’ fees.
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