According to a report, Off-White™ has filed a lawsuit against Rastaclat for making/selling bracelets that use “its” quotation marks and red zip tie design elements. Court documents note that Rastaclat is currently selling $18 USD bracelets under the names “Off-Clat” and/or “Off-Clat c/o Rastaclat” at major retailers like Zumiez, The Finish Line, and Amazon.
Despite not holding formal trademarks for the design notes, Off-White™ is citing that it has amassed “significant common law trademark.” Common law trademarks rights are used to describe anything borne of marketing, promotional and distribution efforts, as well as the word-of mouth-buzz generated by consumers. In the eyes of Off-White™, Rastaclat has designed the bracelets to “confuse consumers into believing that [they] are Off-White™ products, and as a result, it is asserting claims of trademark infringement, false designation of origin, and unfair competition.” If the case moves further into court, will be required to show proof of advertising expenditures, sales figures, third-party media attention and more to back up its claims.
Stay tuned for more details as the story develops.
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- The Fashion Law