Trademark Triangle Battle

We’ve had in the past few weeks , olive oil and peanut butter jars. Now it’s time for triangles. Fashion Law blog reports on a spat between Guess Jeans and now bankrupt, “Yoga Smoga”

Here’s where it all starts…

Behind the scenes of Yoga Smoga’s bankruptcy proceedings and in the midst of a sexual misconduct investigation of Guess co-founder Paul Marciano, which prompted him to step down as executive chair of the company’s board, the two companies have been locked into a string of ugly legal battles of their own. For the past 5 years, the New York-based yogawear-maker claims that it has been the subject of “improper, abusive, and harassing actions” by GUESS, which has been “filing meritless legal actions” in order to “interfere with [Yoga Smoga’s] efforts to use its trademarks and revitalize the brand.” 

In the complaint that it filed with the U.S. District Court for the Southern District of New York this week, Yoga Smoga claims that since in 2013, GUESS has been initiating proceedings against Yoga Smoga “in Federal Court and with the U.S. Patent and Trademark Office” in furtherance of its quest to preventYoga Smoga from “commercializing the intellectual property it purchased from the Bankruptcy Court at significant cost.” (Yoga Smoga founder David Kazan purchased the brand’s intellectual property back from the bankruptcy court this year).  

According to Yoga Smoga, it all started in 2013 when the nearly 40-year old American fashion brand filed a formal opposition to one of the yogawear company’s pending trademark application for a logo consisting of “a series of upside down triangles with a smaller hanging/floating triangle within the larger triangles.”

Want more triangle triage? Read on at  http://www.thefashionlaw.com/home/guess-and-now-bankrupt-yogasmoga-have-been-fighting-over-triangle-trademarks-for-5-years