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worn exclusively by cowboys and farmers, have been given a whole new status by
famous designers and celebrities. As
denim design reaches new heights and prices for jeans get well into the
hundreds and even thousands of dollars, denim companies are becoming
increasingly protective of their trademarks and brand images. This trend can clearly be seen in the recent
case Premium Denim, LLC. v. Paige
Hamilton et al.
Early this month, Premium Denim, LLC filed suit against Paige Hamilton
for trademark infringement under the Lanham Act and related California
statutory and common law. Plaintiff is
the creator of Paige Denim, a highly successful and well-known line of high-end
denim wear favored by celebrities and fashionistas, and featured in
publications such as Vogue, Elle and
Lucky. Paige, Paige Denim, and Paige
Premium Denim and other related marks were federally registered from
2006-2009. In its complaint, Premium
Denim alleges that defendant is exploiting plaintiff's mark by creating and
selling a line of handbags under the name "Paige Hamilton Design," with plans
to produce denim apparel under the same name.
Fearing that those products are likely to cause confusion, mistake or to deceive as
to source, origin, affiliation, or sponsorship, Premium Denim and Paige Denim
are seeking to enjoin Paige Hamilton from any continuing or future use of the
Paige marks. Additionally, plaintiff
alleges that defendant's conduct was "intentional and in conscious disregard of
Plaintiff's rights," and thus seeks an award of treble damages pursuant to 15
U.S.C. 1117(a) as well as attorneys fees.