Will Fourth Time be a Charm for Abercrombie?
Abercrombie & Fitch, who use a plethora of numbers on their t-shirts, allegedly including those used as trademarks by other clothing manufacturers, is attempting to claim common law trademark ownership in the number 22.
In doing so they are hoping to convince a federal judge to enjoin competitor American Eagle from using that number on their clothing, despite the fact that federal courts have ruled at least three times in four years that Abercrombie can't prevent American Eagle from selling clothes that look like Abercombie's.*
Interestingly, Abercrombie, whose new fall catalog looks more like Maxim than a clothing catalog, is claiming trademark rights in the number of retired baseball Hall of Famer, Jim Palmer, who also liked to show up in advertisements in just his underwear.
Disclaimer: I worked on the FUBU '05' case discussed in the Newsday article and discussed here.
Related discussions here and here.
In doing so they are hoping to convince a federal judge to enjoin competitor American Eagle from using that number on their clothing, despite the fact that federal courts have ruled at least three times in four years that Abercrombie can't prevent American Eagle from selling clothes that look like Abercombie's.*
Interestingly, Abercrombie, whose new fall catalog looks more like Maxim than a clothing catalog, is claiming trademark rights in the number of retired baseball Hall of Famer, Jim Palmer, who also liked to show up in advertisements in just his underwear.
Disclaimer: I worked on the FUBU '05' case discussed in the Newsday article and discussed here.
Related discussions here and here.
