Trademark Infringement over Founder’s Face

December 26,2018:

New York-based contemporary clothing company run by Stacey Bendet named Alice + Olivia (“A+O”) has filed a lawsuit against Betsey Johnson over Stacey’s face. Betsey Johnson is a fashion company created by the fashion designer of the same name and now owned by Steve Madden.

The lawsuit was filed against both Betsey Johnson and its parent company Steve Madden over a design that looks very similar to A+O’s creative director and founder, Stacey Bendet.

Stacey Bendet’s dark hair, red lipstick, and round glasses is an iconic look, well recognized amongst fashionistas. The designer has trademarked her this image on wallets, handbags, and clothing through her brand.

The lawsuit claims multiple counts of infringement, including trademark and copyright as well as unfair competition and trademark dilution. The design in question here is Stacey’s face, or popularly known as “StaceFace”, which is A+O take on the iconic look of Stacey.

A+O believes that Betsey Johnson has been selling a line of handbags with a similar design. The lawsuit states “The only difference between A+O’s StaceFace design and the defendant’s new infringing product is that the defendant’s changed the shape of glasses from circle to hearts.

Minor changes to the defendant’s product do not negate a likelihood of confusion.”

The brand sent a cease and desist motion to Betsey Johnson earlier this year and even after coming to a peaceful resolution in March, Betsey Johnson didn’t stop from copying the StaceFace design further. A+O is looking to permanently bar the brand from using its design and also seeking monetary damages in connection with the defendant’s “willful and wonton acts and conduct.”

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