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28 October 2020TrademarksRory O'Neill

Playboy sues over bunny Halloween costumes

Playboy is suing online retailer Fashion Nova over Halloween costumes which the media company says are unauthorised copies of its ‘Playboy Bunny’ trademark.

In the complaint, filed yesterday, October 27, Playboy accused Fashion Nova of attempting to “piggyback off of the popularity and renown” of the ‘Bunny Costume’ brand.

Playboy cited five US registered trademarks which it said are infringed by Fashion Nova, including the costume and the ‘Playmate of the Month’ brand.

According to Playboy, Fashion Nova has used the slogan ‘Bunny of the Month’ to promote the costumes, which it says are a “clear and unauthorised reference” to Playmate of the Month.

The US media publisher says its trademarks are weakened by association with Fashion Nova’s so-called ‘fast fashion’ model.

“Fashion Nova’s ability to churn out new clothing so quickly is due in large part to its willingness to copy the designs of other companies, piggybacking on their creative efforts to boost Fashion Nova’s bottom line,” the complaint said.

The fast-fashion model is centred on rapidly producing new products in line with current trends, which can bring retailers into conflict with big fashion brands who claim their own ideas are being copied.

Playboy went as far as to allege that “Fashion Nova’s business model is built on disregarding trademark protections, which are of critical importance to Playboy’s brand”.

Fashion Nova has ignored cease-and-desist notices from Playboy regarding the costumes, the suit claimed.

“Fashion Nova’s failure to implement appropriate quality controls further diminishes the value of the trademarks, as evidenced by complaints from its own consumers such as ‘[r]uns too small,’ ‘[t]hreading was loose,’ and ‘it’s nothing like the picture’,” the complaint added.

Playboy is seeking an injunction blocking Fashion Nova from infringing the trademarks, as well as an accounting of all profits earned from the allegedly infringing sales.

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