Intellectual Property

From Dungarees to Haute Couture: Premium Denim, LLC. v. Paige Hamilton et al. - FREE DOWNLOAD/Complaint

Jeans, once 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.

 

Premium Denim v. Paige Hamilton (C.D. Cal.).pdf