Walker Wear is in news for taking on Off-White recently in a new trademark lawsuit. Walker Wear is a New York-based streetwear brand that was founded 30 years ago. This lawsuit started when Off-White started selling a $2,234 jacket. This jacket was featuring a design that was nearly identical to Walker Wear’s famous and most loved storied WW XXL Athletic mark design. Thus, the company filed a trademark infringement and dilution complaint against Off-White.
Walker Wear claims that Off-White did not pull the piece out of the market despite knowing customers were confused and many bought Off-White’s jacket mistakenly considering it as Walker Wear founder April Walker’s work and the company further claimed that founder Virgil hardly changed others’ designs, say by only ‘three percent and then he seemed to claim his rights over the design.
“Off-White and its founder, Virgil Abloh, have an unfortunate history of deriving from the creativity of other designers, larger companies have a history of misappropriating the work of independent designers like Walker on the assumption that she and others like her will be unable to meaningfully challenge them in legal proceedings,” suit sated.
The suit was reportedly filed not only against Off-White but also against retailers Farfetch and Saks Fifth Avenue. Walker Wear claimed that Off-White bluntly copied their WW XXL Athletic mark which contains two overlapping W’s. This mark has been used by them since 1993. According to the suit, “The looks have become widely associated with Walker Wear and acquired substantial recognition, goodwill, and fame.”
“Given Ms. Walker’s iconic status in the streetwear fashion industry and Mr. Abloh’s knowledge of the industry, Off-White was almost certainly aware of the Mark prior to designing, producing, and selling the infringing jacket,” the suit claims. The company is now seeking monetary damages in its suit as Off-White violated N.Y. Gen. Bus. Law § 349 deals with the prevention of deceptive and misleading business practices. Walker reportedly also sent a cease-and-desist letter to Off-White and Saks in the month of June before proceeding with the lawsuit. It is undoubtedly unethical to take unfair advantage of someone’s goodwill and reputation in the market which is created over time with all the hard work and sweat of the person. Hopefully, this case would make many big companies learn a lesson.
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