North Face’s mark covers footwear in class 25, under US number 3,418,103; and backpacks in class 18, sleeping bags in class 20, tents in class 22, and clothing in class 25, under US number 3,373,851.
According to the suit, “As a result of The North Face’s use and extensive and continuous efforts promoting the Summit Series marks, consumers have come to recognize the Summit Series marks as uniquely associated with The North Face and an indication of origin in The North Face.”
The suit further said that in March 2017, the outdoor sporting retailer Gander Mountain filed for bankruptcy.
“CWGS Group acquired Gander Mountain’s IP rights, inventory and operating systems, and is in the process of re-launching Gander Mountain’s retail operations which will be re-branded to Gander Outdoors,” North Face said.
CWGS Group ran a contest to solicit potential logo designs to select a new logo.
Claiming that the design is extremely similar, the North Face accused that the logo consists of a “circle surrounding a stylized mountain peak, formed by two disconnected lines protruding from the circle into its centre”. “In both designs, the lines forming the stylized mountain peaks appear to protrude from the circle at virtually the same point and angle, making both the negative and positive spaces in each design highly similar,” it claimed.
The North Face is seeking a permanent injunction against CWGS Group, triple damages, profits and any other relief that the court may deem appropriate to prevent the public from deriving any erroneous impression that any products are authorized by The North Face.