A fashion design company has filed a lawsuit claiming Aspen Licensing International Inc. is a trademark troll targeting anyone using the word "Aspen" in their products.
At issue are "Aspen" handbags sold by Vincent Camuto under the "Lucky" trademark. Greenwich-based Vincent Camuto claims in its federal lawsuit filed in the U.S. District Court for the District of Connecticut Friday that Aspen Licensing, which owns two "Aspen" trademark registrations, "is a trademark troll with a long history of making demands for payment for any use of the word 'Aspen' in connection with a number of goods, regardless of the context of that use."
The lawsuit claims "style names are commonly used in the fashion industry primarily for administrative purposes, and not as an indicator of source or origin for trademark purposes."
Vincent Camuto also claims that while Florida-based Aspen Licensing "does not provide services, nor manufacture or sell any products under any registered trademark incorporating the word Aspen, including the registered Aspen mark for use in connection with luggage and bags." Rather, Aspen Licensing confuses consumers into thinking it directly makes products via the Aspen name, according to the complaint.
Aspen's website, www.AspenBrand.com, "shamelessly uses unauthorized images from famous brands such as Hermes and Bottega Veneta, as well as countless other third-party images, in a blatant attempt to misrepresent consumers and the trade that these are products bearing the Aspen mark and subject to license from Aspen."
Vincent Camuto claims the Aspen mark "Is a weak trademark as a matter of law and is entitled to only a narrow scope of protection, if any."
Aspen Licensing, according to the lawsuit, has sued numerous companies for trademark infringement since 2006. At least five companies, including J.C. Penney Co. and Victoria's Secret, have brought declaratory judgment actions against Aspen Licensing. The defendant, the lawsuit says, "preys on parties that are likely to capitulate quickly."
Aspen Licensing sent Vincent Camuto a letter in May demanding compensation for the use of the Aspen mark.
The lawsuit seeks a declaration that Vincent Camuto has not infringed any trademark rights owned by Aspen Licensing.
Vincent Camuto is represented by senior managing partner Edmund Ferdinand III and associate Alexander Malbin, both of Ferdinand IP in Westport.
In a statement Monday, Ferdinand said, "The fashion industry has been plagued for years by trolls who claim rights in copyrights and trademarks. Earlier this year, our firm successfully defended against a troll lawsuit in California for a fabric design on behalf of another Camuto entity. This lawsuit is a further effort to halt the overly aggressive enforcement of claimed IP rights by companies like Aspen [Licensing] International."