Denim Tears has filed a lawsuit against Capri S.r.l., accusing the Italian fashion company (not the American fashion group that owns Michael Kors) of infringing its trademark rights by selling apparel that “egregiously” copies the look and feel of one of its signature motifs. According to the complaint that it filed with the U.S. District Court for the Southern District of New York on April 14, the New York-based streetwear brand claims that Capri is on the hook for trademark infringement, false designation of origin, and unfair competition in connection with the sale of products marketed under its ALCOTT label that Denim Tears claims mimic the branding of its offerings.
In its newly-filed complaint, as first reported by TFL, Denim Tears alleges that Capri is offering up clothing that makes use of a design that it “confusingly similar” to its recognizable cotton wreath motif trademark. Thanks to its use of a lookalike wreath design, the plaintiff maintains that Capri is looking to piggyback on the appeal of its brand and the mark at issue. “Members of the public and retailers have become familiar with the [wreath] mark and Denim Tears products and have come to associate them exclusively with” the Tremaine Emory-founded company.
Denim Tears asserts that it has acquired “a valuable reputation and goodwill among the public as a result of such associations,” one that Capri is threatening by way of its sale of the “confusingly similar” apparel that it is marketing to consumers in the U.S. and offering up via its e-commerce site.
Denim Tears asserts that Capri has not sought or received authorization to use its protected trademarks and has, instead, adopted them in bad faith. The brand contends that the infringing designs, offered at significantly lower price points, are misleading consumers into believing that the products are genuine Denim Tears items or the result of a collaboration. The risk that consumers will believe the allegedly infringing products were born from a collaboration is particularly likely, per Denim Tears: “Given that Denim Tears has many collaborations with other notable fashion brands including Ugg, Stüssy, Champion, Converse, ASICS, and Dior, consumers are likely to believe that ALCOTT retail store has done a collaboration,” especially since ALCOTT is “currently doing collaborations with PUMA and CASIO.”
Still yet, Denim Tears maintains that the accused garments, themselves, are designed in a manner “clearly intended to look like” its products and that these similarities are not accidental, but part of an intentional strategy to capitalize on the popularity, recognition, and goodwill associated with its brand.
With this in mind, Denim Tears is asserting claims of trademark infringement and unfair competition, and is seeking injunctive relief to bar Capri from selling the allegedly infringing products. The brand is also pursuing monetary damages, including profits derived from the contested sales, attorneys’ fees, and the destruction of infringing goods.
A representative for Capri S.r.l. was not immediately available for comment.
The case is Denim Tears Inc. v. Capri S.r.l., 1:25-cv-03080 (SDNY).
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