Diptyque may have settled the advertising-centric lawsuit that it filed against Italic last year, but it appears to have paved the way for a similar suit, which has since been waged by buzzy activewear company ALO. In the complaint that it filed against Italic in a California federal court on Wednesday, the Beverly Hills-based athleisure company claims that Italic has engaged in a pattern of marketing that “consists of false and misleading statements, depictions and purported comparisons involving ALO products,” and by running such a campaign, which has appeared on billboards and buses, it is violating trademark and false advertising laws.
According to the newly-filed complaint, ALO asserts that it has “marketed and sold products under the ‘alo’ brand since 2006 and, due to continuous, extensive advertising, promotion and sales,” it has developed “considerable goodwill and reputation throughout the United States and abroad.” At the same time, ALO claims that it has “sold millions of dollars’ worth of products under the ALO trademarks and has expended a great deal of time and effort and resources in the promotion and advertisement of its products under the ALO name,” for which it has held the exclusive right to use since it first adopted the marks more than 15 years ago.
Against this background, ALO alleges that Italic – a retailer that prides itself on eliminating traditional retail markups and offering up products for “50 to 80% less” than name brands and with “the exact...
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