Hanesbrands sues N.Y. apparel company for trademark infringement

By: Richard Craver Winston-Salem Journal

Hanesbrands Inc. and affiliates are suing a New York apparel manufacturer, claiming its Champion brand trademark is being infringed by logos that serve as a “parasitic business model.”

The lawsuit was filed Thursday in U.S. District Court for the Southern District of N.Y.

The defendants are Maxima Apparel Corp. and three affiliates, which make men’s and boys’ apparel. It is best known for the Hudson Outerwear brand. Maxima could not be reached for comment Friday.

Hanesbrands’ Champion brand, one of its top global sellers, has a distinct C in the name that has been trademarked.

“The Champion brand has come to signify high-quality apparel,” Hanesbrands said in the filing. “Defendants, on the other hand, produce apparel that is expensive, but of inferior quality.”

Hanesbrands claimed Maxima’s infringement includes using an image “either identical or confusingly similar” to the Champion “C” in brands, such as Gangster and Chapo, the latter referring to Mexican drug lord Joaquin “El Chapo” Guzman.

Hanesbrands objected to Maxima’s use of the C in June, and the defendants agreed at that time to stop using the logo.

However, Hanesbrands said Maxima not only continued to use the C logo, but also “expanded the scope of their sales and the number of infringing products.” That included selling some of its brands in retail stores where Champion products also were sold.

“Defendants’ use of the infringing logos is a deliberate effort to trade on plaintiffs’ fame and goodwill, and to damage the valuable trademark rights embodied in plaintiffs’ Champion logos,” Hanesbrands said.

“Defendants are taking a free ride on the reputation and goodwill of the plaintiffs.”

Hanesbrands is requesting that Maxima be permanently enjoined from using the infringing logos and any other designation similar to the Champion logos.

Hanesbrands also wants compensatory and other damages, and for Maxima to disgorge any profits it made from the infringing products.

Hanesbrands has been swift in pursuing patent and trademark legal actions against apparel companies.

In May, Hanesbrands and an affiliate settled federal bra patent lawsuits against two intimate-apparel companies — Jacques Moret Inc. and AdoreMe Inc. — but left the door open for refiling in each case.

Neither filing listed a reason for the voluntary dismissals.

In the Jacques Moret lawsuit, the focus was on claims of patent infringement on Hanesbrands’ seamless, stretchy sports bra products. Jacques Moret sells bras under a Jockey International license.

The Maidenform affiliate sued AdoreMe, claiming patent infringement of a bra cup product that “increases the visual appearance of breast size.”

Source >> http://www.journalnow.com/business/hanesbrands-sues-n-y-apparel-company-for-trademark-infringement/article_505bcdd9-1768-56f5-af63-80bf2d9fb6c5.html