Fresh from filing a lawsuit against J.Crew for trademark infringement, Lower East Side Clothing Co.‘s Robert G. Lopez is now targeting teen brand Aéropostale for using the “Lower East Side” logo. As in the J.Crew case, Lopez claims that he has been selling T-shirts, sweatshirts and other merchandise with the “Lower East Side” name since 1997, and that he registered it as a trademark in 2007.
As fellow blogger Maysa previously pointed out, the Lower East Side mark is descriptive, yet the accepted registration tells us that Lopez was able to convince the USPTO of his trademark’s secondary meaning. In other words, consumers associate the Lower East Side with his output. Yet the question remains the same: is this fair?
Unfortunately, information on the outcome of the J.Crew suit is scarce, but if I were to guess, a settlement to quiet the litigious Lower East Sider may be in line. Aéropostale can either follow suit or battle for the Bowery. Read the complaint here.