L.A.-Based Fashion Label Wildfox Sues H&M for Trademark Infringement
H&M previously filed a lawsuit claiming that it wasn't violating trademark law.
H&M and Wildfox are going tit for tat.
Los Angeles-based fashion brand Wildfox is suing H&M for trademark infringement after H&M filed a complaint in October claiming that it wasn't infringing on Wildfox's registered mark and brand name.
The suit, filed Tuesday in California federal court, seeks "to enforce its rights and to deter H&M from attempting to copy and then steamrolling the next independent artist or up-and-coming brand." Wildfox is also suing H&M for false designation of origin and common law unfair competition.
According to Wildfox, it has registered its WILDFOX trademark with the U.S. Patent and Trademark Office to protect its brand and owns several registrations for the WILDFOX mark. Wildfox alleges that H&M is infringing on the WILDFOX trademark, specifically with a $19.99 sweatshirt that features the phrase, "Toronto Wildfox." The fast-fashion label previously claimed that it "selected the name 'Wildfox' arbitrarily as the name of a fictitious team based in Toronto."
The complaint also says the sale of the H&M sweatshirt is confusing consumers, citing multiple examples in which customers tagged Wildfox on Instagram while posting a photo of the H&M item.
Wildfox, co-founded by Jimmy Sommers in 2007, is sold at its West Hollywood flagship and retailers including Shopbop, Revolve and Nordstrom. The L.A. label counts Vanessa Hudgens, Bella Thorne and Kourtney Kardashian among its celebrity clientele.
Wildfox is asking the court to order H&M's infringing products and promotional materials be destroyed and to award to Wildfox all profits earned from the sale of the items.
H&M was also recently sued by electronic duo Classixx for selling knockoff merchandise.
H&M declined to comment on the lawsuit. Wildfox is represented by attorney Keith Wesley.