Battle of the brands: apparel vs. music
Reprints
Retailer Gap Inc. dropped a bomb on The Gap Band’s recent trademark application.
The 1970s R&B funk band’s co-founder, Ronnie Wilson, recently filed a trademark application for “Gap Band” in the goods/services category that covers “clothing, namely, hats, T-shirts, and sweatshirts for sale at live music performances, live music concerts, live music shows and personal appearances,” according to the legal blog TheFashionLaw.com, which reported the squabbling on Tuesday.
In turn, San Francisco-based Gap Inc. is asking the Trademark Trial and Appeal Board to prevent Mr. Wilson’s band name from being federally registered, claiming that his “use and registration of (the Gap Band trademark) will damage (the retailer’s brand) by trading on the enormous goodwill associated with its mark and diluting its distinctiveness,” the website reported.
In Gap’s notice of opposition, accessed by the website, the retailer emphasizes that “the marks of the parties are confusingly similar in sight, sound, and commercial impressions; notably, (Wilson’s trademark) incorporates (Gap’s all-capital) ‘GAP’ mark in its entirety.”
The retailer further argued that Mr. Wilson’s “addition of the word ‘BAND’ to its ‘GAP’ mark does not result in a mark that is substantially different,” the website reported.
Read Next
-
Copycat clothing retailer sues copiers of its own designs
A hip discount clothing retailer that has been sued several times for copying designs from other designers and outlets is suing another clothing copycat company for the same offences.
