Fast fashion retailer H&M has asked the US District Court for the Southern District of New York to rule that it is not running afoul of federal trademark law for marketing and selling a sweatshirt containing the words“Toronto Wildfox".
The complaint for declaratory judgment was filed in New York federal court on Monday, October 16.
According to H&M, clothing company Wildfox had sent a cease & desist letter on September 15 threatening legal action if H&M did not withdraw its ‘Wildfox’ range of clothing.
The lawyer of H&M had responded to Wildfox's letter on October 2, 2017, showing that based on its usage of the word "Wildfox" in a "decorative" manner and not as an indicator of source (as a trademark), "the public consumers would not associate the H&M Design with the trademark of Wildfox."
H&M went on to say that Wildfox's“illegal demands and threats have placed a cloud over H&M's rights to continue selling the H&M Motif Sweatshirt, and the company wants the court to declare it has not infringed and for Wildfox to pay costs and attorneys’ fees. Jimmy Sommers – the founder of Wildfox told that “this is a textbook example of a global retailer stomping on the trademark rights of a much smaller brand. H&M – which has a history of copying other people’s creative works – is using an exact copy of the WILDFOX trademark, and is nonetheless, suing Wildfox in response to our request that they stop using & selling a counterfeit Wildfox product.”Wildfox is a California-based fashion outlet, who owns US trademark number 4,093,309 for ‘Wildfox’ in international class 25 for use in connection with “bottoms, dresses, jackets, scarves, swimwear, and tops".