In the end, we think there is a bit of a double standard here. For example, if we created a 'Long Live Cowboys’ branded wallet, VF Corp. would likely take issue with it based on their use of the trademark on Wrangler clothing.
Cleveland, Ohio (PRWEB) September 14, 2011
Koyono Company announced that it filed a motion to appeal the denial of a preliminary injunction against 7 for All Mankind, LLC, a VF Corporation brand and added Saks, Inc. as a defendant. A lawsuit (Civil Action No. 3:11-cv-047) was filed in February of 2011 to prevent 7 for All Mankind from infringing on Koyono Company's registered Slimmy® trademark in conjunction with a premium line of 7 for All Mankind jeans and shirts.
The United States District Court for the Southern District of Ohio denied Koyono Company’s preliminary injunction motion in the case brought against 7 for All Mankind. Koyono Company asked the District Court to stop 7 for All Mankind from selling their Slimmy branded jeans and shirts, which Koyono Company believes are confusingly similar to its Slimmy® brand of fashion accessories (wallets, business card cases, change purses, etc.).
“We respect the Court’s consideration but disagree with their decision. 7 for All Mankind’s continued use of our Slimmy® trademark potentially creates barriers to market entry, as well as weakens our brand,” said Jay Yoo, president of Koyono Company. “Upon careful review of the Court’s order, we believe a jury will come to a different conclusion regarding a likelihood of confusion,” Yoo emphasizes.
On appeal, Koyono Company is asking the United States Court of Appeals for the Sixth Circuit to reverse the District Court’s denial of a preliminary injunction, allowing the company to expeditiously pursue its claims against 7 For All Mankind. Koyono Company seeks permanent injunctive relief and punitive damages to compensate for 7 for All Mankind’s pervasive use of Koyono Company’s Slimmy® trademark without authorization.
In a separate motion, Koyono Company added Saks, Inc. as a defendant in the lawsuit. Saks Inc., which operates Saks Fifth Avenue, sells 7 for All Mankind clothing bearing Koyono Company’s Slimmy® trademark over the Internet and through their “brick-and-mortar” stores.
“As cited in our most recent motion with the Court, Saks, Inc. is liable for trademark infringement due to its sales of ‘Slimmy’ branded clothing through their Saks Fifth Avenues Stores. We felt it was necessary to add them to the lawsuit to protect our valuable Slimmy® trademark and prevent continued trademark infringement,” Yoo explained.
“In the end, we think there is a bit of a double standard here. For example, if we created a 'Long Live Cowboys’ branded wallet, VF Corp. would likely take issue with it based on their use of the trademark on Wrangler clothing. We do not feel this double standard is acceptable and we won’t be pushed around. It is important that we fight for justice on behalf of all small business trademark owners,” Yoo concluded.
About Koyono Company
Koyono Company is a purveyor of apparel and accessories that unify technology and fashion. Koyono markets products through on-line stores at Koyono.com, Amazon.com, and SuperSlimmy.com. In 2006, Koyono Company received worldwide recognition for being one of the first designers of iPod® enabled clothing. Koyono Company is headquartered in Cleveland, Ohio.
Koyono Company obtained the Slimmy® trademark in 2005 after selling the company's popular Slimmy® products for several years. Koyono Company's original filing for the trademark dates to July, 12th 2004 and Koyono Company has been using the Slimmy® trademark since 2003. Koyono Company’s Slimmy® trademark received incontestability status from the USPTO in 2011.
Koyono® and Slimmy® are registered trademarks of Koyono Company in the United States. All other trademarks mentioned in this document are the property of their respective owners.
Press Contact: Jay Yoo | press(at)koyono(dot)com | 216-223-8129