Norwegian sportswear brand Helly Hansen has reportedly filed a lawsuit against Virgil Abloh's Off-White in federal court in Illinois, alleging that the brand is intentionally infringing the stripe mark that it began using, and has consistently used, in the U.S. more than 40 years ago.
According to Helly Hansen's complaint (H/T The Fashion Law), Off-White “has adopted a logo that is confusingly similar to Helly Hansen’s HH Stripe Logo,” and is using that logo on goods that are “the same and/or similar to the goods/services offered by Helly Hansen under its HH Stripe Logo.”
According to The Fashion Law, Hansen claims that Off-White “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,” and/or “to trade off the goodwill of Helly Hansen and its HH Stripe [mark]," which is protected by a federally registered trademark (no. 1,454,335) for "parallel striping of white and another contrasting color that appears 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 has 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 brand is asking for the immediate and permanent barring of Off-White from using the logo in question.
