NEW YORK — A Manhattan district-court judge has awarded Fubu $6.7 million in damages in connection with Solid Clothing Inc.’s infringement of Fubu’s 05 trademark.
This story first appeared in the July 22, 2002 issue of WWD. Subscribe Today.
Fubu was also awarded all of the profits that Solid Clothing, a Los Angeles-based retailer, earned from 1999 through 2001 for selling 05 look-alike athletic jerseys, as well as lost profits. Fubu said that, with attorney’s fees, costs of litigation and interest, the final judgment could be pushed in the range of $8 million.
Daymond John, Fubu’s chief executive officer, said in a statement: “We are grateful that the court has recognized what we at Fubu already knew, that 05 is a strong trademark of our company, into which we have invested millions of dollars.?This case also sends a message to our many imitators that we will not stand idly by while copycats and counterfeiters make money off our trademark.”
Fubu was represented by the law firm of Gursky & Ederer. The sportswear firm added that there are several lawsuits pending alleging infringement of its 05 mark. Some of those defendants include Wal-Mart, Abercrombie & Fitch, The Children’s Place and Charlotte Russe.