In its suit, Helly Hansen says OFF-WHITE has “adopted the infringing [trademark] with knowledge of, and the intent […] to create a false suggestion of an affiliation or connection between [OFF-WHITE] and Helly Hansen, where none exists.” Specifically, Helly Hansen is referring to the use of contrasting diagonal stripes, which the Oslo-based brand says it has been using in the United States for more than 40 years.
In the complaint, which was filed in Illinois’ Northern District Court, Helly Hansen alleges that OFF-WHITE “has adopted a logo that is confusingly similar to Helly Hansen’s HH Stripe Logo.” What’s more, it claims the stripe logo has been placed on products in similar locations to those on Hansen’s own offerings, “on the shoulder and sleeve of shirts and on the outer seam of the pants.”
Helly Hansen also claims that in recent years OFF-WHITE applied for and was granted at least two trademark registrations from the U.S. Patent and Trademark Office that infringe its own earlier trademark.
Helly Hansen is claiming monetary damages for trademark infringement, unfair competition, and a violation of Illinois’ Uniform Deceptive Trade Practices Act. The Norwegian brand is asking for the immediate and permanent barring of OFF-WHITE from using the logo in question. In addition, this would require Abloh’s brand to “deliver up for destruction all products, labels, signs, prints, advertisements, and other articles that infringe Helly Hansen’s [trademark rights].”
Expect more news on this as the story develops.
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