Virgil Abloh’s Off-White brand has been hit with a trademark infringement suit by creative agency OffWhite Co., which claims the name is too close to the one it has used since the late 1990s — well before Abloh’s label was founded in 2012.
Filed Sunday in the United States District Court in the Southern District of New York, the company alleged that Abloh’s Off-White LLC “established and promoted multiple entities and products that infringe [on OffWhite Co.’s] OffWhite trademark,” which was filed with the U.S. Patent and Trademark Office in 2014.
The company also accused Abloh’s brand of using a design that can be confused with OffWhite Co.’s trademark. It added an exhibit of Off-White LLC’s application to register a trademark incorporating the word “OFF” in a graphic arrangement that OffWhite Co. claims is “unmistakably similar” to one of its own logos.
In the suit, the company said that it had sent a cease-and-desist letter to Abloh’s business in February.
Additionally, OffWhite Co. alleged that Off-White’s actions on social media have “substantially compromised” the “plaintiff’s ability to make effective use of the #OffWhite hashtag to promote its business and marks.” OffWhite Co. further claims its website has been delisted the first page in Google searches because of Off-White LLC’s alleged SEO practices.
“[The] defendants actions have not only resulted in a likelihood of confusion, actual confusion and reverse confusion, but in dilution of the OffWhite trademark and effectively dooming [the] plaintiff’s ability to make use of, develop and enjoy the benefits of its brand,” the company wrote in the suit.
OffWhite Co. is seeking — among other remedies — an injunction barring Abloh’s business from using the OffWhite trademark and the OffWhite “circle mark.”
FN has reached out to Abloh’s team for comment.
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