Kendra Scott is a brand with a philanthropic vein, but it’s not charitable when it comes to its intellectual property.
The booming Austin, Tex.-based jewelry brand, which is offered in 69 of its own stores and more than 1,100 other retail locations, told a Texas federal court late last week that women’s apparel chain Evereve is using a stylized medallion logo that is too similar to one widely used by Kendra Scott in marketing and designs.
Evereve is based in Edina, Minn., and operates a chain of 48 stores and a web site. Its focus is women’s apparel for mothers. The married couple who founded the brand sold a minority stake to three investors led by Winona Capital three years ago.
Kendra Scott said it’s “long and continuously” been using a gothic flowerlike medallion mark on things like store signage, advertisements, social media, web site icons, as well as on its earring cards, jewelry pouches, packaging and shopping bags and even some pieces of jewelry. The brand, eponymously founded, registered its first trademark for the design in 2011.
“After Kendra Scott began using its medallion marks, [Evereve] began offering identical and highly similar products and services, including retail store services, jewelry and accessories,” the jewelry brand wrote in its complaint.
Kendra Scott went on to claim that Evereve uses the allegedly copycat mark on signage, packaging and gift cards and noted that some Evereve stores are located close to Kendra Scott locations and “often in the same shopping center.”
“Actual confusion is occurring as consumers encountering defendant’s use of the Evereve mark have mistakenly assumed that there is an association of affiliation between defendant stores and its products and services, on the one hand, and Kendra Scott and its products and services on the other,” Kendra Scott wrote. “Such confusion is exacerbated by the close proximity of defendant’s retail stores to Kendra Scott’s retail stores.”
This isn’t the first time Kendra Scott has dealt with Evereve. The Texas retailer said it entered into a settlement agreement earlier this year over the very same issue, and that Evereve agreed to stop using the medallion design “in connection with jewelry.” But the design is still allegedly being used on Evereve jewelry packing, according to the complaint.
Kendra Scott said it tried to resolve the trademark dispute before filing suit, but Evereve “has refused to cooperate.”
The Texas retailer asked the court to permanently enjoin Evereve from its use of the medallion mark and for payment of any profits it’s realized from its infringing use of the marks.
A representative of Evereve could not be reached for comment.
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