NEW YORK — Kate Spade New York filed a complaint Wednesday in the U.S. District Court for the Southern District of New York seeking a declaration that its new global women’s lifestyle brand, Kate Spade Saturday, doesn’t infringe on the trademark of Saturdays Surf NYC, a men’s wear company that sells casualwear, surfboards, wet suits and accessories.
The dispute started last month when Saturdays Surf LLC’s attorneys demanded that Kate Spade New York drop its plans to launch Kate Spade Saturday, an apparel, handbags, accessories and home line for young women. The clash escalated when Saturdays Surf NYC and its fans began posting disparaging comments accusing Kate Spade Saturday of trademark infringement on Saturdays Surf NYC’s Facebook page and on the Kate Spade Saturday Instagram and Twitter pages.
“In an effort to resolve this dispute amicably, we reached out to Saturdays Surf NYC’s lawyers when we heard of their concerns,” said Craig Leavitt, chief executive officer of Kate Spade. “We explained our complete good faith in the selection of the name, described the Kate Spade Saturday concept to them and why consumers will not be confused and offered to answer any additional questions they may have. We are disappointed that, instead of responding to us directly, Saturdays Surf NYC has chosen to escalate this dispute via social media and other avenues, and we were left with no other option but our current action to set the record straight.”
Colin Tunstall, a partner in Saturdays Surf NYC, said he hadn’t seen the complaint yet, but his trademark attorney has been in talks with their legal team. He said that Saturdays Surf NYC, which operates three stores and a global wholesale business in 13 countries, has been in business three and a half years, “and we’ve slowly built this brand from scratch. It was brought to our attention that there was another brand called Saturday with similar branding and similar aesthetic and reach. We’ve opened a store in Japan and we’re working in the Japanese market. Their first flagship store will be in Japan and there’s lots of overlap,” said Tunstall. He said friends were contacting them to see if they were doing a collaboration with Kate Spade or were they purchased by Kate Spade.
According to Kate Spade, the Kate Spade Saturday name was conceived in 2009, “with no knowledge whatsoever of the Saturday’s Surf NYC name.” In 2010, Kate Spade New York applied to register the trademark; its application was approved by the U.S. Patent and Trademark Office later that year. At the time, Saturdays Surf NYC had no trademark registrations. It didn’t apply for its trademark until 2011. Tunstall confirmed that Saturdays Surf NYC didn’t have trademark registration then. “We were slowly figuring things out. It was very grassroots and it was an oversight on our part,” said Tunstall, noting his company was the first to use the name. He said they are looking to expand into more categories in the future “and this confusion could possibly be a problem for us.”
Kate Spade Saturday plans to open a store in Tokyo in March, followed by e-commerce sites in Japan, the U.S. and Brazil.
Kate Spade is represented by David H. Bernstein and Jennifer Insley-Pruitt of Debevoise & Plimpton LLP. Saturdays Surf NYC is represented by David Christopher Baker of Hart, King & Coldren.
There'll be no rest for those headed to Europe for men's, as Paris just closed the gap with Milan. According to a provisional calendar released by the Chambre Syndicale, Paris Men's Week will now open a day earlier on January 16. See new highlights on the official lineup on WWD.com. #wwdnews #wwdfashion (📷: @kukukuba)
BREAKING: Jonathan Saunders is leaving @DVF. The designer has resigned from his position as chief creative officer of Diane von Furstenberg, the company said in a statement on Friday. At the time of his hire, von Furstenberg said Saunders’ arrival symbolized and facilitated her stepping back from the day-to-day duties that occupy the work of a full-time creative director. The British designer joined DVF in May 2016 and was in charge of all product categories. #wwdnews
For @versace_official’s spring ad campaign, the brand emphasized the archival prints from the spring tribute collection dedicated to the late Gianni Versace. Closing out the show were five of Gianni’s favorite models: Cindy, Naomi, Carla, Helena, and Claudia. Bowing on December 18, the new campaign is yet another tribute to supermodel-dom as the images by Steven Meisel are fronted by @iamnaomicampbell, @cturlington, @gisele and more. #wwdfashion
Four-time Oscar-nominated actress Annette Bening has been waiting 20 years to play Gloria Graham in "Film Stars Don't Die in Liverpool," which will be released on December 29. The movie about Graham – a Hollywood star known for her controversial relationship with a younger Englishman named Peter Turner – is based off a memoir Turned wrote. "She felt vulnerable to him, because she loved him, she really did love him. And anyone that we really truly are in love with, we re vulnerable to in a very deep way," said Bening. Read our full interview with the modern icon of an actress on WWD.com. #wwdeye (📷: @ninebagatelles; Styled by @cristinaehrlich)
The crisp white button down: a staple that can be dressed up or down and accessorized throughout the decades. Here, on a Art Basel-goer in 2017 on the left and on the iconic Audrey Hepburn in “Roman Holiday” in 1953 on the right. #tbt #wwdfashion (📷: Andrew Morales)
Known for her work with @victoriassecret, 25-year-old model @georgiafowler is raising her profile in Hollywood. Fowler stars in @vincecamuto’s holiday campaign, which launched in partnership with “Pitch Perfect 3.” “Almost every shoot with Vince Camuto, I’ve had to face a fear…It was definitely a challenge. I’m so grateful for it, though. I’ve always wanted to be a pop star, so that was the perfect chance,” Fowler said. Head to WWD.com to read about Fowler’s experience modeling, including at the #VSFashionShow, and her relationship with Nick Jonas. #wwdeye (📷: @jilliansollazzo)
EXCLUSIVE: Huda Kattan just became the first beauty influencer to land a major beauty deal. Kattan's business, @hudabeauty, has received a minority investment from private equity firm TSG Consumer Partners. The brand, which industry sources say is on track to do $200 million in retail sales for 2017, will receive support on product, retail and geographic expansion through the deal. Get all the details on the deal and read @_a_collins' interview with Kattan on WWD.com. Link in bio. (📷: @jgreenery) #wwdbeauty #wwdnews
Peruvian model @juanaburga_official – who is known for walking the runways of @rodarte, @viviennewestwood and @torybuch – is making the move to the big screen with drama “Los Últimos.” The film premiered in Argentina in November and arrives in the U.S. and Europe in 2018. On making the switch from modeling to acting, Burga told WWD: “It’s a completely different thing – a lot of people think it’s similar or try to connect things, especially like getting used to the camera or being looked at all the time or playing these different characrers, but film is a completely different story.” #wwdeye (📷: @jgreenery)
London’s newly opened @designmuseum will look back on the life and work of Azzedine Alaïa in a show that the designer helped to curate before he died of heart failure last month. The retrospective, which Alaïa had worked on with Mark Wilson, chief curator of the @groningermuseum, will look at the impact of his work worldwide. The show, “Azzedine Alaïa: The Couturier,” will run from May 10 to October 7. Read more about the exhibit on WWD.com #wwdnews #wwdfashion (📷: @zefashioninsider)