The North Face escapes street artist’s ‘atom’ trade mark claims.

Graffitti artist Futura, real name Leonard McGurr, has not been successful in his trade mark claim against The North Face brand for allegedly ripping off his ‘atom’ logo. The matter was decided last week in a Los Angeles federal court by US District Judge Stanley Blumenfeld. The case commenced back in January, when the street artist sued the outdoor goods company with allegations that it had copied his atom design for use of their “Futurelight” clothing line.

As per the suit, the complainant stated that the similarity between the graphic designs “is no coincidence”. The North Face tried to dismiss the case back in March, after arguing that the design was not a valid trade mark, as it does not indicate the source of any goods or services, to which the Judge agreed. Additionally, it was discovered that the logo was not used consistently, thus the argument for a “fluid trade mark” by the defendant was rejected.

It was firmly established that Futura did not use his logo as a trade mark, however, Judge Blumenfeld gave McGurr leave to amend his claims. Futura’s legal representatives are happy with the ruling and said that the case is “proceeding forward”. Be sure to stay tuned for further updates on the matter, on our reading room.

If you have any queries regarding the above article or would require assistance with a trade mark, please do not hesitate to get in touch with a member of our expert solicitor team at Lawdit today.

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