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.
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.