Koyono Blog

Here is a link to the brief we just filed with the Court of Appeals to block 7 For All Mankind’s continued use of our Slimmy® trademark.

It was reported on by Law360.com. Below are a few excerpts from their article.

“Koyono in May moved for a preliminary injunction against Seven (7 for all Mankind), arguing that its competitor’s “use of Koyono’s Slimmy mark is likely to cause confusion, mistake and deception among the general public and consumers of fashion.”

“However, U.S. District Judge Thomas M. Rose ruled in August that customers would not be likely to confuse Seven’s line of jeans with Koyono’s line of wallets, denying the plaintiff’s bid for an injunction.”

“…because Koyono and Seven sell their products within the same channels of trade — including online retailer Amazon.com, where a search for the word “Slimmy” brings up both company’s products — the ‘market channels’ factor weighed in Koyono’s favor, the company said.”

“Finally, the district court’s determination that Seven diminished the possibility of consumer confusion by including its own proprietary house trademark on its Slimmy products flew in the face of the Therma-Scan ruling, which held that a company that used its own trademark in conjunction with the disputed mark did not eliminate the similarity between the disputed marks.”

7 for All Mankind continues to use our Slimmy® trademark without our permission.

Koyono is represented by Walters and Wasylyna, LLC.

Bookmark It

Claims against fashion Goliath 7 for All Mankind will be fully pursued to Protect Koyono’s Slimmy® Trademark.

Cleveland, Ohio, September 14, 2011 –

Koyono Company announced that it filed a motion to appeal the denial of a preliminary injunction against 7 for All Mankind, LLC, a VF Corporation brand and added Saks, Inc. as a defendant. A lawsuit (Civil Action No. 3:11-cv-047) was filed in February of 2011 to prevent 7 for All Mankind from infringing on Koyono Company’s registered Slimmy® trademark in conjunction with a premium line of 7 for All Mankind jeans and shirts.

The United States District Court for the Southern District of Ohio denied Koyono Company’s preliminary injunction motion in the case brought against 7 for All Mankind. Koyono Company asked the District Court to stop 7 for All Mankind from selling their Slimmy branded jeans and shirts, which Koyono Company believes are confusingly similar to its Slimmy® brand of fashion accessories (wallets, business card cases, change purses, etc.).

“We respect the Court’s consideration but disagree with their decision. 7 for All Mankind’s continued use of our Slimmy® trademark potentially creates barriers to market entry, as well as weakens our brand,” said Jay Yoo, president of Koyono Company. “Upon careful review of the Court’s order, we believe a jury will come to a different conclusion regarding a likelihood of confusion,” Yoo emphasizes.

On appeal, Koyono Company is asking the United States Court of Appeals for the Sixth Circuit to reverse the District Court’s denial of a preliminary injunction, allowing the company to expeditiously pursue its claims against 7 For All Mankind. Koyono Company seeks permanent injunctive relief and punitive damages to compensate for 7 for All Mankind’s pervasive use of Koyono Company’s Slimmy® trademark without authorization.

In a separate motion, Koyono Company added Saks, Inc. as a defendant in the lawsuit. Saks Inc., which operates Saks Fifth Avenue, sells 7 for All Mankind clothing bearing Koyono Company’s Slimmy® trademark over the Internet and through their “brick-and-mortar” stores.

“As cited in our most recent motion with the Court, Saks, Inc. is liable for trademark infringement due to its sales of ‘Slimmy’ branded clothing through their Saks Fifth Avenues Stores. We felt it was necessary to add them to the lawsuit to protect our valuable Slimmy® trademark and stop continued trademark infringement,” Yoo explained.

“It is important to point out VF Corp.’s double standard so people understand what we are up against. If the tables were turned and we created a ‘Long Live Cowboys’ branded wallet, VF Corp. would surely come after us based on their use of the trademark on their Wrangler brand of jeans. This is turning out to be nothing more than a giant corporation wielding their power and influence over a small company so they can do whatever they want. It is not acceptable and we won’t be pushed around. It is important that we fight for justice on behalf of all small business trademark owners,” Yoo concluded.

For more information on the Koyono Slimmy® product line, please visit www.koyono.com and www.superslimmy.com.

###

About Koyono Company

Koyono Company is a purveyor of apparel and accessories that unify technology and fashion. Koyono markets products through on-line stores at Koyono.com, Amazon.com, and SuperSlimmy.com. In 2006, Koyono Company received worldwide recognition for being one of the first designers of iPod® enabled clothing. Koyono Company is headquartered in Cleveland, Ohio.

Koyono Company obtained the Slimmy® trademark in 2005 after selling the company’s popular Slimmy® products for several years. Koyono Company’s original filing for the trademark dates to July, 12th 2004 and Koyono Company has been using the Slimmy® trademark since 2003. Koyono Company’s Slimmy® trademark received incontestability status from the USPTO in 2011.

Koyono® and Slimmy® are registered trademarks of Koyono Company in the United States. All other trademarks mentioned in this document are the property of their respective owners.

Press Contact: Jay Yoo | press@koyono.com | 216-373-2569

Bookmark It