Denim Tears isn’t letting Capri Group get cozy in sweat sets that allegedly infringed on the brand’s trademark.
Denim Tears filed a trademark infringement lawsuit against Capri Group on April 14 in a New York court, alleging that the fashion company used its trademarked design without consent on items sold in Alcott stores.
Alcott is Capri Group’s main brand.
Denim Tears, a brand founded in 2019 with a store in New York City, sells sweatsuits, jeans and denim jackets emblazoned with a design akin to a wreath, which is the design at issue in this case—though it is called the Denim Tears Mark throughout the complaint.
Denim Tears alleges that Capri Group’s Alcott sold sweatpants, hoodies and other products “clearly intended to look like…Denim Tears products.” That alleged conduct, Denim Tears further notes, is likely to confuse consumers because they associate the trademarked design with the young brand.
It goes on to note that some consumers have already mistaken Alcott’s merchandise for Denim Tears merchandise, citing several TikTok videos that show the allegedly infringing merchandise in Alcott stores. In several of the screenshots in the complaint, creators used #denimtears. One creator, with the username @rredu.7, told consumers, “Don’t run to Alcott.. Fly!” upon seeing the merchandise for sale, the complaint shows.
What’s more, Denim Tears states, both itself and Alcott have carried out a number of other partnerships, which it argues could further confuse consumers.
“Given that Denim Tears has many collaborations with other notable fashion brands including Ugg, Stüssy, Champion, Converse, Asics and Dior, consumers are likely to believe that defendant’s Alcott retail store has done a collaboration with Denim Tears as defendant’s Alcott retail store is currently doing collaborations with Puma and Casio,” counsel for Denim Tears notes.
Denim Tears alleges that Capri Group and Alcott acted “with reckless disregard or willful blindness to [its] rights,” and that Capri Group “did not seek and thus inherently failed to obtain consent or authorization from [Denim Tears]” to use the trademark in any way.
The brand suggests that the remedy to Capri Group and Alcott’s “egregious and intentional use of the Denim Tears Mark” should see Capri Group receiving both a preliminary and permanent injunction, which would immediately prevent it from further using the allegedly infringing design in any goods manufactured, marketed, sold or otherwise by the brand.
It also requests a judge order that Capri Group recall any merchandise currently in possession of a distributor or retailer and “deliver up to plaintiff for destruction any and all infringing products and any and all packaging, labels, tags, advertising and promotional materials…that infringe any of plaintiff’s Denim Tears Mark, or bear any marks that are confusingly similar.”
Beyond the injunction and returning the property, Denim Tears seeks monetary damages in an amount to be determined. Federal court records show that Capri Group has not submitted a response to Denim Tears’ complaint.
Neither Capri Group nor Denim Tears immediately returned Sourcing Journal’s requests for comment on the lawsuit.
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