While Thursday’s post focused on alleged infringement of technology patents, today’s post has to do with infringement within the apparel industry.

Some months ago, the New York City based men’s clothing retailer SATURDAY SURF LLC filed suit against the popular Kate Spade LLC. The lawsuit was over Kate Spade’s new brand, SATURDAY.  Surf claimed that Kate Spade’s use of the word Saturday in its trademark would cause confusion amongst its customers, who would either believe that Kate Spade was now partnering with Surf or that Surf had infringed upon Kate Spade’s trademark.

While the court recognized the fact that SATURDAYS SURF NYC had properly registered its trademark, the focus was on the issue of the scope of trademark protection of the trademark. The court determined that the strength of the trademark relied on the word SATURDAYS.

The court sided with Kate Spade due to the inability to protect a commonly used word like Saturdays. The court ruled that there would likely be little consumer confusion between a men’s clothing retailer and a well-known women’s apparel company like Kate Spade.

The Patterson Law Firm has handled a variety of intellectual property cases including trademark infringement. To learn more about the services our firm offers visit pattersonlawfirm.com or call (312) 223-1699.