12 October 2018Trademarks

Kate Hudson’s sportswear brand takes on rival in TM suit

Women’s sportwear brand Fabletics, which was co-founded by actress Kate Hudson, has accused California-based competitor Fabcrate of trademark infringement.

Fabletics filed its complaint for trademark infringement, unfair competition, and false designation of origin and misrepresentation at the US District Court for the Central District of California on Wednesday, October 10.

Since 2013, Fabletics has promoted its trademarks, including a stylised ‘F’ logo, in connection with its online retail service and store, said the claim.

The sportswear brand’s trademarks include the word mark ‘Fabletics’ (US number 5,521,047), registered for footwear.

Fabletics alleged that Fabcrate began using a confusingly similar name and marks in connection with goods and services that are similar to its own, without any authorisation.

As a result, average consumers are likely to be misled into incorrectly believing that Fabcrate and its goods are affiliated with Fabletics, said the sportwear company.

According to the claim, Fabletics was first made aware of Fabcrate’s similar brand name and goods in April and made several attempts to contact Fabcrate between May and July.

In August, the founder of Fabcrate responded to the inquires to resolve the matter. However, Fabletics alleged that Fabcrate’s unresponsiveness and “unwillingness” to find a resolution has delayed Fabletics’ relief.

Fabletics alleged that Fabcrate “extensively, and deceptively, promotes itself using a similar business model in the same industry as Fabletics that would likely confuse consumers in believing that Fabcrate’s business is related to Fabletics”.

For example, Fabletics claimed that Fabcrate copies the company’s “style quiz” that consumers can take to purchase and receive athletic products.

Fabletics is seeking a permanent injunction and damages.

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10 January 2017   California-based “athleisure” company Fabletics has filed a complaint against Landmark Technology, based in Delaware, seeking a declaration of invalidity and non-infringement of a patent.