Philly clothing company sues rival for trademark infringement

By Jim Boyle | Oct 30, 2014

A Philadelphia-based clothing company that specializes in high-end clothing for business

men and women says that a competitor's similar name and website advertising infringes on its registered trademark, according to a suit filed at the U.S. District Court for the Eastern District of Pennsylvania.

Representatives from Executive Apparel Inc. (EA), with its main office listed in Philadelphia, says that New Jersey-based Executive Apparel Group has benefited from the plaintiff's goodwill and reputation that has been built since the establishment of the copyright in 1989. EA seeks an injunction against the defendants halting the use of the Executive Apparel name, with the company website's domain name transferred to the plaintiff, plus the accounting of any profits earned by the use of the name.

According to the complaint, EA has held the federal copyright to the trademarks EA Executive Apparel and Executive Apparel. The company sells high end uniforms, suits, tuxedos and other professional attire.

In January 2010, the defendants purchased the domain name and use the site to market and sell its own line of professional clothing for businesses, including suits and uniforms. Both sites prominently feature the name Executive Apparel, however the colors, fonts and style are distinguished and unique.

However, the plaintiffs argue that the use of the Executive Apparel name is too similar to its own brand and misleads consumers into thinking the two companies are connected. EA says in the complaint that two letters were sent in May and October of 2014, with no response from the defendants.

The complaint seeks damages on counts including federal trademark infringement and unfair competition.

The plaintiffs are represented by attorneys from Panitch Schwarze Belisario & Nadel in Philadelphia.

The federal case ID is 2:14-cv-06136-TON.

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