Dive Brief:
- The trademark infringement lawsuit focused on Uniqlo’s collaboration with Anya Hindmarch will continue, according to a court order filed earlier this month.
- A federal judge rejected holding company Fast Retailing’s request to dismiss the lawsuit, which e-commerce and retail brand Googly Eye Cru filed last year claiming trademark and trade dress infringement.
- Attorneys for Uniqlo and Anya Hindmarch tried to have the complaint dismissed on the idea that the use of googly eyes on apparel was generic, but the judge said it was too early in the proceedings to tell.
Dive Insight:
Following the order, which was issued on March 5, Fast Retailing, Uniqlo and Anya Hindmarch must respond to the complaint this week.
The collection at the center of the complaint was released in November 2023 and included sweaters, scarves, hats and gloves. Many of the pieces featured “Anya Eyes,” a design element Hindmarch often incorporates in her design work.
The court will determine if there is a likelihood of confusion between Uniqlo’s and Googly Eye Cru’s products, per the ruling this month.
Attorneys for Uniqlo pointed to differences in the direction the pupils were facing in the designs as a potential reason for dismissal. However, the judge said this is immaterial at this stage in the proceedings, and it remains to be seen whether this results in the public’s confusion.
“While there are minor differences in the design of the pupil of the googly eye illustration, it is not clear from the face of the Complaint that consumers would appreciate these differences,” the judge wrote. “Moreover, this inquiry should not focus on minor distinctions between the marks but instead on the ‘general impression conveyed to the public’ by the marks.”
Given the context of the alleged infringing symbols, the court found that they were sufficiently similar enough to weigh in favor of Googly Eye Cru.
The judge noted that there wasn’t any evidence that Uniqlo’s actions were knowing, intentional or willful.
“This is an impactful decision and is clearly indicative of the strength of the claims,” Jeff Gluck of Gluck Law Firm, which represents Googly Eye Cru, said in an email to Fashion Dive. “A perilous path has now been set for these Defendants.”
Spokespeople for Uniqlo and Anya Hindmarch didn’t immediately respond to Fashion Dive’s request for comment.
