Kate Spade New York filed a complaint on Wednesday in the U.S. District Court for the Southern District of New York seeking a declaratory judgment that its new brand, Kate Spade Saturday, doesn’t infringe the trademark of existing brand, Saturdays Surf NYC.
WE reported the name/store location similarity and predicted this suit about earlier this month. Saturdays Surf opened its doors in Soho, NY in August 2009. However, according to Kate Spade's complaint, the Saturday name has been in the works at Kate Spade since 2009, “with no knowledge whatsoever of the Saturday’s Surf NYC name.”
The complaint further states that in 2010, Kate Spade New York applied to register the trademark.
We told you that the company filed trademark applications in February 2012 for the name Kate Spade Saturday for everything from home goods (dishes, vases, etc.); cosmetics; stationary; jewelry; bags/purses; to mail order services of clothing. Saturdays, which has been stocked in their own stores and in J. Crew, filed applications in April 2011 for the name Saturdays Surf NYC in four classes: clothing; sunglasses; handbags; accessories (including clothing accessories, personal grooming products, coffee, and artwork); and for the online and retail services related to the sale of such goods. They claim to have been selling such goods as early as August 2009. They also have an application pending for their logo in these same classes of goods and services.
As the launch of Kate Spade Saturday approaches (its set for this Spring), we are learning more and more about this all new brand. Yet, as we demonstrated above, this "new" brand may not be so novel. Now, Racked is reporting that the design aesthetic isn't all that new, either. According to Racked, "from the looks of it, the offerings are heavy on classic silhouettes in fashion-forward prints, pops of color, shrunken blazers—in fact, if the model were wearing orangey-red lipstick, we'd say it looked a lot like J.Crew." More to come ...