Seven For All Mankind International isn’t pleased with Amazon’s private-label expansion, particularly its new women’s line Ella Moon.
The brand, which was acquired by Delta Galil in 2016, is accusing Amazon of willful trademark infringement with Ella Moon, alleging the name and the style of the brand is similar to Seven’s affiliate Ella Moss.
Ella Moss was founded in 2001 and sells mainly in department stores like Bloomingdale’s and Nordstrom, but also sells online through Shopbop, as well as on Amazon.
“Amazon uses its infringing Ella Moon mark on and in connection with the same types of women’s apparel, and in the same ‘bohemian-chic’ casual style, as the Ella Moss brand,” Seven wrote in its complaint, filed Thursday in New York federal court.
Trademark protection for the Ella Moon mark, covering a full range of women’s accessories and apparel, was filed last year by the entity Prince Holly Yan LLC, which Seven said is wholly owned by Amazon.
Amazon has in the last couple of years been building out its cadre of private-label brands, another women’s label, Lark & Ro, estimated to hit $10 million in sales last year. The company’s focus on private-label apparel, and a corresponding increase in popularity, has been so pronounced, that research firm L2 said late last year that third-party brands are or are likely to be overshadowed.
The names of the two brands are clearly different, but Seven argued that the Ella Moon mark is similar to Ella Moss “in sound, appearance, connotation and commercial impression,” along with price point, that it constitutes trademark infringement.
Seven added that Amazon has recently “indicated its intention to expand its use of the infringing Ella Moon mark to additional types of women’s apparel for which the Ella Moss mark has long been used, including skirts, pants and sweaters.” Amazon began selling Ella Moon last summer, only offering a selection of dresses and blouses, according to the complaint.
But even before it launched, Seven claims that Amazon had sold sister Ella Moss lines making uses of “moon,” including Ella Moss Moon shadow and Ella Moss Moon Light apparel, both of which sell on the site.
Seven went onto claim that Amazon suggests Ella Moon in its search tool over Ella Moss as an example of its exploitation of the “close similarity” of the brands.
Although Seven said it has sent cease-and-desist requests to Amazon regarding the Ella Moon label, Amazon has continued to sell the line, according to the complaint.
Through the sale of the line, Seven said it’s brand is suffering “immediate and irreparable harm” and asked the court to permanently enjoin Amazon from selling the Ella Moon brand.
Seven is also accusing Amazon of unfair competition and seeking unspecified damages for the company’s “egregious, willful and wanton activities.”
An amazon representative could not be immediately reached for comment.
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