Patagonia Inc. is suing the owners of the “Assholes Live Forever” clothing brand in Los Angeles federal court for trademark infringement, alleging their company sold merchandise using a profane replica of the Patagonia mark.
The complaint said KirillWasHere LLC and associated companies sold shirts, hoodies, sweatpants, and hats that bear Patagonia’s logo with the same “distinctive font and stylization” but changed to include a vulgarity. The company’s branding is placed below the replica Patagonia mark.
The complaint, filed in the U.S. District Court for the Central District of California, said KirillWasHere’s brand functions as a trademark to be used in a “celebratory and shocking manner,” according to the brand’s federal trademark registration filings.
Patagonia said that design has diminished the distinctiveness of its logo, which has been in use since 1973. The infringing products would also cause confusion among consumers over whether Patagonia is affiliated with or licensed those products, the complaint said.
Photographer and event organizer Kirill Bichutsky wasn’t named as a defendant in the suit, but the complaint identified his social media accounts as promoting the infringing brand.
The complaint said the defendants told Patagonia through counsel on March 1 that they would stop selling the infringing products. However, Patagonia said it discovered Bichutsky’s Instagram account was still promoting the designs, and telling users to go to the company’s digital storefront.
The storefront, Patagonia said, was selling a “mystery box” of things “We Are Not Legally Allowed to Show You.”
The U.S. Supreme Court has weighed in on the question of profane trademarks, ruling in 2019 that the U.S. trademark office’s restriction on registering vulgar product names violated free speech.
Causes of Action: Trademark infringement, unfair competition, dilution of famous mark, copyright infringement.
Relief: Injunctive relief, damages, attorneys’ fees.
Response: Defendants weren’t immediately reachable for comment.
Attorneys: Verso Law Group LLP represents Patagonia.
The case is Patagonia, Inc. v. KirillWasHere LLC, C.D. Cal., No. 2:22-cv-01949, 3/24/22.
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