July 31, 2014

Nasty Gal Doesn’t Want You Using the Word “Nasty” – Part II

The Fashion Law Exclusive – Los Angeles-based fast fashion e-commerce retailer, Nasty Gal, has filed another lawsuit in pursuit of ownership of the word “Nasty” in the context of clothing and the like. The site, a pretty notorious copycat and stockist of design pirated goods (remember that Givenchy-like bag, or the bag that designer Sophia Webster called out Nasty Gal for copying, etc.), filed a trademark infringement lawsuit in the Southern District of New York court against Jason Jarvis and Mr. Nasty Time Entertainment, Inc. Turns out, Jarvis has a federally registered trademark over “Mr. Nasty Time Entertainment”, as of October 2012 that extends to “Entertainment in the nature of dance performances”. But what seems to be at issue are the two pending trademarks for “Da Nasty Boys” in the classes that cover clothing and lingerie. After Jarvis filed to register these marks (which he seeks to use in connection with a same-named lingerie, swimsuit and women’s apparel company), he reportedly received a cease and desist from Nasty Gal’s legal team.

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According to the recently filed lawsuit, Nasty Gal has made repeated attempts to contact Jarvis and “resolve this dispute amicably,” but no have not reached a settlement. In its complaint, Nasty Gal asks the federal court to order injunctive relief, which would force Jarvis to refrain from using “Da Nasty Boys” in connection with its goods, and for damages (think: money damages, attorney fees, and punitive damages, aka damages intended to punish the defendants for their actions). Oh, and that’s not all. Nasty Gal is asking the court to force Jarvis to destroy all infringing products and promotional materials.

You may recall that this is the second lawsuit that Nasty Gal has filed in attempt to gain ownership over the word “Nasty”, the prominent word in its own name, which according to its site, was inspired by the Betty Davis song and album, entitled: “Nasty Gal.”

In November, the e-commerce giant in-the-making filed a trademark infringement lawsuit against  Charamon Hunter, the creator of online retailer New Nasty, alleging that Hunter is is guilty of trademark infringement, cyberpiracy, and deception and unfair trade practices, among other claims, stemming from the unauthorized use of New Nasty. Nasty Gal alleges that  Hunter’s use of the word ‘nasty’ on her site “connotes sponsorship or affiliation with Nasty Gal by suggesting the defendant’s business is a ‘new’ version of the plaintiff’s business.” These two have reportedly since settled the suit, with Hunter agreeing to change the name of her business.

More lawsuits to come, I’m sure …

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  1. […] cracking up at the Nasty Gal lawsuit regarding copyright. Pot, meet […]

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