Penney, Hot Topic, Fashion Nova, Missguided, Philipp Plein, the Kooples, and MNML Los Angeles, among others.)Īgainst that background and given that the Shein products at issue “bear counterfeit marks that are identical or substantially indistinguishable to the Chrome Hearts marks based on how the marks appear in the marketplace to a consumer,” Chrome Hearts sets out claims of trademark infringement, false designation of origin, and unfair competition.
“Chrome Hearts has achieved such fame as to be copied by others without authorization, including, as is the case with many other luxury brands,” Chrome Hearts asserts, stating that in the past five years, alone, it has “filed more than 100 lawsuits against defendants who infringed upon the Chrome Hearts marks.” (Those defendants include Dolls Kill, Macy’s, Sears, J.C. A few of Shein’s allegedly infringing designs Chrome Hearts claims that it uses the crosses as source identifiers and that consumers have come to view them as such due to its “long use, extensive sales, and significant advertising and promotional activities” involving with those marks.
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In addition to being the owner of the CHROME HEARTS word mark, the Richard and Laurie Lynn Stark-owned company claims that it maintains trademark rights in “various design only marks,” namely, various cross designs, such as its Cemetery Cross Patch and CH Cross. According to the complaint that it filed in a California federal court on August 24, Los Angeles-based Chrome Hearts alleges that Zoetop Business and Shein US Services (collectively, “Shein”) are on the hook for trademark infringement, false designation of origin, and unfair competition in connection with their manufacturing, marketing, and/or sale of handbags and other accessories that bear marks that are “identical with substantially indistinguishable from … one or more of the Chrome Hearts marks,” and as a result, are likely to cause consumers to believe that the Shein products are made, authorized, licensed or otherwise affiliated with Chrome Hearts.Īddressing its trademark rights, Chrome Hearts asserts that as an American luxury brand, it has been designing, manufacturing, and selling “artistically styled leather goods, apparel, jewelry, and accessories since 1988,” with all of its leather products, in particular, being adorned with sterling silver hardware, including all of the buttons and ornamental pieces. Shein has landed on the receiving end of a new trademark lawsuit waged against it by apparel and accessories brand Chrome Hearts.
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