‘Jessica Simpson’ Trademark Owner Sues Jessica’s Everything Shop

The company that owns the intellectual property rights associated with celebrity Jessica Simpson sued a New York resident, alleging her online retail store infringed its trademark.

Jessica Tirado’s store “Jessica’s Everything Shop *JES*" illegally uses With You LLC’s trademark in connection with apparel and is engaged in unfair competition, according to a complaint filed by With You Thursday in the US District Court for the Eastern District of New York.

With You owns the trademark registration for “Jessica Simpson,” which applies to a variety of goods, including clothing and accessories available on Simpson’s online store, the lawsuit said. The company was created to manage the rights associated with the recording artist and television personality’s name, image, and likeness.

With You argued Tirado’s trademark is “confusingly similar” in appearance and commercial impression to its own mark, noting that “Jes” and “Jess” are nicknames often used for Simpson that it routinely uses in its product commercialization. It gave the example of an email advertisement with the subject line “Styles Straight from Jess’s Closet.”

The similarities between the marks, the lawsuit asserted, is likely to cause confusion and lead consumers to believe Tirado’s products are affiliated with With You’s trademark services.

The company asked the court to block Tirado from using the mark, following a three-month phase-out period. It also said Tirado should be required to compensate WY for damages suffered due to the alleged infringement.

With You said it’s used to coexisting with third-party IP that includes the word “Jessica” alongside a last name, including “Jessica Chastain,” “Jessica Alba,” and “Jessica Biel.” The company said it raises objections only when a party tries to claim rights based on the stand-alone name “Jessica” or its shorthand names “Jes” or “Jess.”

After Tirado attempted to register the trademark “Jessica’s Everything Shop *JES*,” California-based With You tried to “live and let live,” according to its complaint, proposing an arrangement in which Tirado would proceed with the mark “Jessica Tirado.” When Tirado did not respond, With You argued it was “left with no option” but to file an oppisition to Tirado’s application with the Trademark Trial and Appeal Board.

The complaint arose after Tirado’s legal counsel said she was willing to settle the matter only if With You made a monetary payment, the company said, which is against its policy.

Tirado’s online store didn’t immediately respond to a request for comment.

With You is represented by Grimes LLC.

The case is With You LLC v. Tirado, E.D.N.Y., No. 2:23-cv-05515, 7/20/23.