Back in February of this year, Virgil Abloh’s clothing brand ‘Off-White’ released a varsity jacket which attracted the attention of streetwear brand ‘Walker Wear’ for all of the wrong reasons. It has been alleged that the logo of the jacket appears far too similar to that of Walker Wear’s “WW XXL Athletic” design, leading the founder, April Walker, to express her concern through an essay back in March. According to the post, when she first saw the jacket through an Instagram advert, she felt the alleged infringement portrayed a “lack of integrity, lack of respect for culture and a lack of appreciation for women”.
Resultingly, this lead the founder to send a cease-and-desist letter back in June to Abloh’s team, however, there was no sign of Off-White removing the allegedly infringing material from its clothing. Therefore, Walker Wear filed a complaint for trade mark infringement and dilution, unfair competition and unjust enrichment.
The claimant is seeking monetary damages and injunctive relief. In her original essay of complaint, Walker wrote “The irony is that without me and others that have created this streetwear lane, Virgil wouldn’t be here today”.
Virgil Abloh is not only the founder and CEO of Off-White but also the artistic director of menswear for Louis Vuitton, so it comes as no surprise that the frequency of possible infringements of smaller businesses’ intellectual property increases. Be sure to keep an eye out for further developments on this 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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