Plus-size fashion brand accuses Target of TM infringement
A plus-size women’s clothing line is taking on US department store Target over the sale of a women’s clothing range that it claims infringes its trademark.
Universal Standard filed the complaint at the US District Court for the Southern District of New York on Tuesday, July 3.
Universal Standard describes itself as a “leader in the size-inclusive women’s apparel arena”, with its denim styles among some of its most popular products. It owns the word mark ‘Universal Standard’ (US trademark number 4,871,827).
“Universal Standard has expended substantial time, resources and efforts to obtain an excellent reputation for its brand,” said the claim, adding that Target is benefitting from IP rights that rightfully and exclusively belong to Universal Standard.
According to Universal Standard, Target’s Universal Thread clothing line infringes its earlier trademark.
The claim alleged that Target has not only copied the trademark but has also copied the brand concept.
According to Universal Standard, Target’s website claims that Universal Thread’s designers go to “great lengths to perfect every fit, in every piece, in every size”.
This is too close to Universal Standard’s concept, which holds that the brand designs its own fabrics and “applies keen insight and customer knowledge into its clothing designs with an impeccable attention to detail specifically tailored to be size-inclusive”.
The claim also alleged that Target is selling its Universal Thread line with the knowledge that the products will be mistaken for Universal Standard’s products. These actions are allegedly leading customers to believe that Target’s fashion line originates from or is in association with Universal Standard.
“Defendant is a competitor of Universal Standard and has copied the ‘Universal Standard’ mark in an effort to exploit Universal Standard’s reputation in the market,” said the claim.
Universal Standard is seeking a permanent injunction and damages from Target.
Earlier this year, Universal Standard secured $7 million in funding from venture capital firm Imaginary Ventures. Gwyneth Paltrow, the founder of lifestyle brand Goop, and the founder of fitness company SoulCycle, Elizabeth Cutler, contributed towards the grant.
Target is no stranger to trademark infringement claims.
In May of this year, WIPR reported that fashion brand Burberry sued Target for trademark infringement and counterfeiting over the use of its famous check pattern.
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