Aspen Skiing Company Files Federal Lawsuit Against Luxury Skiwear Label Perfect Moment

Aspen Snowboarding Firm — which has been in enterprise for roughly 75 years, in accordance with the go well with — owns 4 native resorts. It additionally vends its personal ski attire and hosts unique occasions, resembling an on-mountain DJ social gathering dubbed the AspenX Seashore Membership expertise, the place admission ranges from $50 to $450.

The federal go well with, filed final week, alleges “trademark infringement, false affiliation and/or false endorsement, and unfair competitors” in opposition to London-based Excellent Second, which was based in 1984 and vends ski attire and different gadgets for ladies, males, and youngsters.

The battle kicked off in March 2021, in accordance with the go well with, when Excellent Second first posted pictures on its social channels “liberally utilizing and displaying sure distinguishing traits of the ASC resorts,” together with its ski areas and lifts. ASC despatched a cease-and-desist letter that very same month, in accordance with the go well with, whereupon Excellent Second eliminated “some however not all” of the posts.

However issues kicked up once more this October, when ASC alleged Excellent Second started to not solely put up pictures on social media set on ASC property, but additionally to promote clothes — together with jackets, zip-ups, and leggings — that have been emblazoned with photographs of the AspenX Seashore Membership expertise, which is distinguished by its pink and white striped cabanas, seaside chairs, DJ station, and bar.

“Slightly than constructing that fame and goodwill by means of its personal product line, Excellent Second makes an attempt to acceptable ASC’s world-renowned fame and goodwill by deliberately and falsely associating itself with ASC’s resorts, ASC’s logos, and ASC’s iconic ApenX Seashore Membership expertise,” the go well with acknowledged.

On October 21, ASC stated it despatched one other cease-and-desist letter demanding the elimination of the pictures of the Seashore Membership and the stop of the sale of the aforementioned garments.

With out decision, it filed go well with on December 20, demanding a jury trial. ASC is requesting that Excellent Second cease any additional infringement and ship all infringing supplies. Additionally it is asking for compensation for earnings incurred by Excellent Second in addition to unspecified damages and attorneys’ charges. When reached, Jeff Hanle, ASC’s VP of communications, instructed Enterprise Insider, “We don’t touch upon lively litigation.”

Excellent Second didn’t instantly reply to BI’s request for remark.

By Geoff Weiss

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