Goat Fashion Ltd is a London based fashion label which has just won their injunction request against U.S. based shoe retailer ‘GOAT Group’, to stop them from selling clothing (class 25). As per the court documents, Goat Group were prevented from selling any apparel which bears the Goat trade mark. The lawsuit for trade mark infringement and breach of contract was filed back in December of last year, with Goat Fashion claiming that they own exclusive rights to the mark, with reference to clothing in the U.S.
The breach of contract claim arises after court documents suggested that the two companies entered into an agreement , after the USPTO refused to register the Goat Group’s mark in connection to the online market. There was particular reference that the granting of the trade mark is likely to cause consumer confusion, which led the agreement between the two parties to state that Goat Group shall sell trainers only, and not any clothing items, in order to obtain its desired mark for that class of goods.
However, the Goat Group pursued to disobey the agreement when they began selling clothing apparel on their app. This led to the discussion of potential settlement, however as there was no luck, Goat Fashion took action and filed for a preliminary injunction, which was granted earlier this week. Currently, the Goat Group’s app still advertises “Sneakers& Apparel, Past, Present, Future”.
Be sure to keep an eye out for any further updates on the above article, on our blog. In the meantime, if you have any queries regarding a trade mark or an alternative matter, please do not hesitate to get in touch with the Trademarkroom team today.