Retailers in Court
Abercrombie & Fitch Co. filed a lawsuit earlier this month ordering rival retailer American Eagle Outfitters to remove the number 22 from its clothing and advertising, claiming it has exclusive rights to the moniker, which is marketed through its Hollister chain. The New Albany, Ohio–based company is also demanding that American Eagle destroy any garments or ads that use the number and give Hollister any profits from clothes already sold. A&F is claiming common-law rights to the trademark because the number 22 has appeared on the chain’s clothing, packaging and Web site for three years. American Eagle, based in Warrendale, Pa., has replied to the lawsuit, filed in U.S. District Court in Columbus, Ohio, by saying Hollister uses several numbers on its apparel and therefore cannot claim a trademark on any of them.
