29 June 2017Trademarks

Vogue swipes at jewellery retailer in trademark row

The publisher of Vogue fashion magazine has taken on a Taiwan-based jewellery seller in a trademark infringement lawsuit.

Advance Publications, which owns Condé Nast, the publisher of Vogue, The New Yorker, Wired and Vanity Fair, filed its claim against Legend Effects on Monday, June 26 at the US District Court for the Southern District of New York.

According to the claim, Legend Effects filed an “intent to use” application to register the trademark ‘LVG Legend Vogue’ with the US Patent and Trademark Office (USPTO).

Advance Publications has also filed an opposition to that trademark application, which is pending before the Trademark Trial and Appeal Board.

During discovery in the opposition proceeding, Legend Effects allegedly represented that no products were being sold under the trademark in the US.

“Nevertheless, in April 2017, Advance Publications discovered that defendants were selling jewellery on Amazon using the marks ‘Legend Vogue’ and ‘LVG Legend Vogue’ in the US,” said the claim.

The ‘Vogue’ trademark has been used by Advance Publications and its predecessors since 1892, and Advance Publications filed an “intent to use” application to sell jewellery under the ‘Vogue’ mark with the USPTO in July 2014.

That application is still pending.

“As a result of its longstanding and continuous use of ‘Vogue’ for a wide range of goods and services, Advance Publications’ mark has acquired substantial goodwill and reputation and has become famous,” said the claim.

Advance Publications is seeking injunctive relief, an order that Legend Effects abandon its trademark application, profits, damages, attorneys’ fees, and a jury trial.

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27 November 2019   The EU Intellectual Property Office Board of Appeal has sided with the publisher of Vogue magazine in a trademark cancellation appeal.