Ivanka Trump coat (left) & Unicolors’ copyright-protected print (right)
Ivanka Trump – the brand, not the First Daughter – has moved to quietly settle a copyright infringement suit that it has been facing since this spring. In March, Unicolors – a Los Angeles-based textile company, which has been labelled as a copyright troll by no shortage of publications – filed suit against Ivanka Trump, claiming that the brand made use of one of its copyright-protected “two-dimensional graphic” prints without authorization to do so.
According Unicolors’ complaint, which was filed in federal court in Los Angeles, “Defendant IVANKA TRUMP purchased, sold, marketed, advertised, manufactured, caused to be manufactured, imported and/or distributed fabric and/or garments comprised of fabric featuring a design which is identical, or substantially similar to, [Unicolors’ original print].”
As a result, Unicolors asked the court to award it injunctive relief, which would require Trump’s brand to immediately and permanently cease all sales of any garments bearing the print. The company also sought monetary damages, including profits that Ivanka Trump made from its allegedly unauthorized use of the print.
Well, as of late last week, the parties managed to come to a resolution out of court and long before trial. Unicolors notified the court that it had settled the matter with Ivanka Trump and its licensee, G-III Apparel, and the court has since dismissed it. While the conditions of the settlement are confidential, they almost certainly include a financial component and an agreement that Ivanka Trump will immediately and permanently cease selling any items that infringe Unicolors’ intellectual property rights.
With this case out of the way, Ivanka Trump – the woman and the brand – can focus on the currently pending lawsuit that was filed by Aquazzura last year, alleging that Trump and her brand copied a handful of its best-selling footwear in violation of both trade dress and design patent law. Ms. Trump is expected to submit to a deposition in that case by the end of this month.
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