Off-White trademark lawsuit against Paige denim dismissed
Off-White's trademark lawsuit against Paige denim has been dismissed.
The Milan-based brand, helmed by designer Virgil Abloh, submitted documents to a New York federal court in April (17) asking for a declaration that a stripe design element used on clothing labels and tags did not infringe on a similar stripe trademarked by Paige.
However, New York District Judge Jed S. Rakoff has now dismissed Off-White's demand for a ruling on the infringement matter, stating the lawsuit was based on a "hypothetical scenario".
"Under these circumstances, it would not be appropriate to issue a declaration regarding whether or not any use of the Off-White diagonal marks infringes Paige's trademarks," Judge Rakoff said in a statement, according to WWD. "Moreover, without any particular disputed use of the Off-White diagonal marks in question before the court, it would be difficult for the court to fashion meaningful declaratory relief that did not amount to an advisory opinion regarding a hypothetical scenario."
It was also stated that Paige's lawyers have sworn not to file another lawsuit against Off-White over its current use of diagonal stripes. But as the lawsuit was dismissed "without prejudice", it does mean that Off-White has the capacity to file another suit against the company, founded by Paige Adams-Geller, in the future.
Off-White originally chose to file the action after attorneys for Paige sent a cease-and-desist letter to the brand's lawyers, alleging that a signature stripe design is "confusingly similar" to four trademarks owned by the fashion company, and asked the brand to withdraw a pending federal trademark application for the stripes.
Off-White argued that its stripes aren't similar to Paige's denim stitching, claiming that there hadn't been evidence of label confusion and Paige's trademark - which features nine vertically-stacked tilted lines - is mostly used on the stitching on back pockets and seams on a variety of denim garments.
Representatives for Off-White and Paige are yet to comment on the decision.