Lucky Brand Sues Target

Vernon, Calif.–based Lucky Brand Dungarees filed a copyright infringement lawsuit against Target Corporation and Maximum Exposure Inc. on Oct. 4 in New York’s federal court. In the suit, the blue jeans maker accuses Target and Maximum Exposure, one of the retailer’s denim vendors, of “blatantly misappropriating Lucky Brand’s unique and original embroidered floral design and rear-pocket stitch” from a pair of its jeans for use on their own competing line of denim. Lucky is alleging irreparable damage and financial loss.

Court papers say the floral design in question was first introduced to the public in December 2005 and copyrighted in August 2006. The denim maker is claiming benefit of common law trademark rights for its pocket stitch design.

Lucky Brand became aware of the Maximum Exposure jeans in March, sending a cease and desist letter to Target on March 28. The letter, the lawsuit said, went unheeded. Now Lucky Brand is asking the court to prevent Target and Maximum Exposure from continuing to infringe on its copyrights and to force them to deliver the offending jeans for destruction.

This is the second copyright infringement lawsuit brought against Target in less than a month. Coach filed a lawsuit against the mass merchandiser on Sept. 29 accusing Target of selling counterfeit Coach handbags in Florida. —Erin Barajas