Off-White Settles Lawsuit With Children’s Store Over Mini Counterfeit Wares

Image: Brooklyn Lighthouse

Law

Off-White Settles Lawsuit With Children’s Store Over Mini Counterfeit Wares

Off-White and a New York children’s store have managed to settle their legal differences after the buzzy streetwear label filed suit late last year. According to Off-White’s trademark infringement complaint, Brooklyn-based Brooklyn Lighthouse – which boasts a lineup of ...

April 23, 2019 - By TFL

Off-White Settles Lawsuit With Children’s Store Over Mini Counterfeit Wares

Image : Brooklyn Lighthouse

Case Documentation

Off-White Settles Lawsuit With Children’s Store Over Mini Counterfeit Wares

Off-White and a New York children’s store have managed to settle their legal differences after the buzzy streetwear label filed suit late last year. According to Off-White’s trademark infringement complaint, Brooklyn-based Brooklyn Lighthouse – which boasts a lineup of popular streetwear items scaled down to fit kids from ages 2 to 10 – was “willfully and in bad faith” selling products that make use of Off-White’s “[trade]marks and/or marks that are confusingly similar to the Off-White [trade]marks and/or are identical or confusingly similar to the Off-White products.”

Among its stock of mini Yeezy-like sneakers, dead-ringers for adidas Calabasas wares, and denim jackets trimmed with Gucci’s green-red-green stripe trademark, Brooklyn Lighthouse was offering up apparel bearing Off-White’s trademark-protected name, as well as its diagonal lines mark. Off-White asserted in its complaint, in which it sought damages in the amount of a sum equal to three times such profits or damages, or $2,000,000 “per counterfeit mark per type of goods sold, offered for sale or distributed and reasonable attorneys’ fees and costs,” the Virgil Abloh-founded brand asserted that Brooklyn Lighthouse “in bad faith adopted the Off-White Marks” and has been using them on various children’s products.

According to Off-White, which, despite Abloh’s known penchant for collaboration has not (yet) expended into the children’s market, such unauthorized uses of its famous marks were causing “substantial and irreparable injury, loss and damage to Off-White and its valuable trademarks.”

But no more. It seems that in furtherance of the parties’ confidential settlement agreement last month, the children’s store defendant has agreed to cease all sales of Off-White trademark-bearing goods, as well as to pay its own costs in connection with the suit. It is unclear whether – or maybe better yet, to what extent – Brooklyn Lighthouse has paid a monetary sum to Off-White in connection with such unauthorized use of the trademarks.

As for adidas, Yeezy, Gucci, Champion, Bathing Ape, Thom Browne, Patagonia, Supreme, and the other brands whose trademarks have appeared on wares sold by Brooklyn Lighthouse, they seem to be chasing their battles, and this is not one of them.

* The case is Off-White LLC v. Breukelyn Threads, LLC, 1:18-cv-11349 (SDNY). 

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