Gap Inc. scored a victory against eco-tourism firm G.A.P. Adventures Inc. Friday, putting an end to a four-year battle over the Gap trademark.
Judge Alvin Hellerstein of the Southern District of New York ruled that the Canadian company must change its name and logo by Sept. 1 and must refrain from using the word “gap” or any variation of the word when referring to itself.
The injunction includes the “removal of all articles of clothing from publicly accessible areas” of G.A.P. Adventures’ stores. The firm’s counterclaim, seeking a declaration of noninfringement, was eliminated as a result of the judgement.
Siding with the San Francisco-based apparel retailer, the judge cited, among other things, the travel company’s logo, which it changed in 2008 to one that prominently featured the word “gap.”
“Gap has suffered an irreparable injury because consumers are likely to be confused initially or deceived as to a connection or affiliation between Gap and G.A.P. Adventures,” according to Hellerstein. “Remedies at law will not compensate Gap for the boost in credibility that G.A.P. Adventures receives as a result of this initial confusion as to its affiliation.”
Gap sued the travel company in 2007, claiming that the use of its name on a retail store and in the advertising and sale of travel-related services and products infringed its registered trademarks.