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18 October 2017Trademarks

H&M and Wildfox in trademark clash over fictitious basketball team

Clothing outlet H&M has asked the US District Court for the Southern District of New York to rule that a range of clothing using the name of fictitious basketball team ‘Wildfox’ does not infringe a rival’s trademark.

The complaint for declaratory judgment was filed on Monday, October 16.

H&M stated that clothing company  Wildfox had written a cease-and-desist letter on September 15 threatening legal action if H&M did not withdraw its ‘Wildfox’ range of clothing.

The complaint said that H&M replied on October 2 explaining that its range of clothing does not infringe, before the company received a call three days later threatening litigation.

The clothing in question relates to basketball attire sold by H&M, which created a fictitious name of a Toronto-based team called ‘Wildfox’ and sold a range of basketball clothing with this name and logo.

“H&M counsel explained that the basketball design is merely ornamental, and is not used as an indicia of source, and therefore, typical purchasers would not associate the H&M design with defendants,” the complaint read.

H&M went on to say that the threats of litigation have “placed a cloud” over H&M’s rights to continue selling the clothing, and the company wants the court to declare it has not infringed and for Wildfox to pay costs and attorneys’ fees.

Wildfox is a California-based fashion outlet, which claims to have “become a favourite line among A-list celebrities”.

It owns US trademark number 4,093,309 for ‘Wildfox’ in international class 25 for use in connection with “bottoms, dresses, jackets, scarves, swimwear, and tops”.

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