Fashion Nova, a renowned fast fashion company, is under fire again for a copycat outfit sold on their website.
This year, they released a bunny Halloween costume which was not well received by Playboy. Playboy filed a claim against Fashion Nova, claiming that the costume was trying to piggy back off the famous Playboy Bunny costumes worn by models and employees of Playboy for over 60 years.
Infringing Playboy’s protected trade dress, the claim stated that Fashion Nova’s costume included all the key features including the bunny ears, tail, corset, bowtie, ribbon name tag and the wrist cuffs.
Playboy states that this costume infringes their iconic look and that Fashion Nova has made a “attempt to confuse and mislead consumers” into believing that there is an association between its costumes and the Playboy brand.
Playboy is seeking both damages, which are likely to be substantial, and an injunction to prevent Fashion Nova from committing the same actions again.
This is not the best time of year for Fashion Nova as last year they found themselves in hot water with Versace over a jungle print dress very similar to Jennifer Lopez’s Grammy dress from 2000. It seems they didn’t learn their lesson and it will be interesting to see if this is reflected on the outcome of this matter.
Watch this space for any updates. If you need any advice on your trade mark protection, please do not hesitate to get in touch with the team today.