Playboy magazine settlement12/28/2022 The fast fashion company was “also advertising some of its using the description ‘Bunny of the Month,’” which Playboy argued amounts to “a clear and unauthorized reference to famous PLAYMATE OF THE MONTH trademark, which began using in 1954 in connection with the Playboy magazine.” More than merely selling similar-looking costumes, Playboy claimed that Fashion Nova went further in its “attempt to confuse and mislead consumers” into believing that there is an association between its costumes and the Playboy brand (when no such association exists), and to benefit from such a presumed affiliation. District Court for the Central District of California, arguing that “throughout the peak of the Halloween costume season,” the Southern California-based brand had been “prominently featuring” and selling costumes that look a bit too much like its trade dress-protected bunny costume, including the “iconic bunny ears, tail, ribbon name tag, wrist cuffs, corset, and bowtie collar.” (Playboy’s various enduring registrations for the costume specifically list the trade dress as consisting of “a three dimensional bunny costume worn by a woman,” which “includes a corseted bodice, bunny ears worn on the head, a bunny tail on the back of the bodice, a name tag on the front of the bodice, wrist cuffs and a bow tie collar.”) The settlement comes just over a year after Playboy lodged a trademark infringement and dilution complaint against Fashion Nova with the U.S. While the terms of the settlement agreement are confidential, a joint filing on November 3 reveals that the parties have agreed to a “dismissal with prejudice of this action, including all claims and counterclaims … against all parties, with each party to bear its own attorneys’ fees and costs.” ![]() ![]() Playboy and Fashion Nova have made peace in a legal battle over the fast fashion company’s sale of bunny costumes that allegedly infringe and dilute Playboy’s longstanding trademark rights in the iconic look.
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