One of LA’s trendiest companies is in the middle of a legal battle for using the term “lush” to describe its new line of clothing. We’re talking about ALO, a sports company that sells clothing under the Alo Yoga brand, and Pinkette, which also sells clothes under the brand Lush.

According to a lawsuit filed by Lush, ALO’s use of the word “lush” to describe its clothing items its in direct conflict with of the trademark rights in the word and is causing confusion amongst consumers.

Lush has been using the word in connection to a “high-quality, contemporary and fashion-forward” brand of clothes for women since 2003, which has been sold on retailers such as “Nordstrom Rack, Dillard’s, TJ Maxx and many high-end boutiques in the US.”

Lush Clothing website

In March of 2019, Lush found ALO began to use the same word in connection with its own line of clothing, “long after Pinkette’s adoption and use [of its mark] and after [the label] became well-known to the purchasing public”.

Alo Yoga’s website showing products under the “Lush” category

According to Lush, this represents an issue because it leads consumers to “incorrectly believe that ALO products [under the Lush moniker] associated with Pinkette’s Lush label or otherwise authorized by Pinkette.”

After sending a cease and desist letter that they claimed was ignored by ALO, they have made claims of federal and common law trademark infringement, federal and common law unfair competition, and California unfair business practices, asking the court to award it preliminary and permanent injunctions, and to require that ALO recall all “Lush” branded products and marketing materials so they can be destroyed.

In addition, the company is also looking for monetary compensation in actual damages it has suffered as a result of the infringing behavior, a disgorgement of ALO’s “wrongfully obtained” profits, and punitive damages.

Brands Protection News