Amazon Private Brand Sued For Trademark Infringement

Premium denim brand, Seven For All Mankind, is suing Amazon and its Private Brand Ella Moon for willful trademark infringement.
The suit alleges that the name and the style of the brand are similar to a brand in Seven’s portfolio Ella Moss. Ella Moss was founded in 2001 and is primarily available department stores as well as Shopbop and Amazon.

A“Amazon uses its infringing Ella Moon mark on and in connection with the same types of women’s apparel, and in the same ‘bohemian-chic’ casual style, as the Ella Moss brand,” Seven wrote in its complaint, filed this past Thursday in New York federal court.
Trademark protection for the Ella Moon mark, covering women’s accessories and apparel, was filed last year by Amazon-owned Prince Holly Yan LLC.

Seven said its brand is suffering “immediate and irreparable harm” and asked the court to stop Amazon from selling the Ella Moon.

Seven argues that the Ella Moon mark is similar to Ella Moss “in sound, appearance, connotation and commercial impression,” along with price point, that it constitutes trademark infringement.

Seven added that Amazon had indicated its intention to expand Ella Moon to additional categories of women’s apparel including skirts, pants, and sweaters.
Seven has sent cease-and-desist requests to Amazon regarding the Ella Moon label; Amazon has continued to sell the line, according to the complaint.
Seven is also accusing Amazon of unfair competition and seeking unspecified damages for “egregious, willful and wanton activities.”

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Christopher Durham is the president of My Private Brand and the co-founder of The Vertex Awards. He is a strategist, author, consultant and retailer who built brands at Delhaize-owned Food Lion, and lead strategy and brand development for Lowe’s Home Improvement. He has consulted with retailers around the world on their private brand portfolios including: Family Dollar, Petco, Staples, Office Depot, Best Buy, Metro (Canada), TLW (Taiwan) and Hola (Taiwan). Durham has published five definitive books on private brands, including his first book, Fifty2: The My Private Brand Project. In 2017, he will debut his newest book, Vanguard: Vintage Originals, a visual tour of innovation and disruption in private brand going back to the mid-1800’s. Dynamic in his presentation while down to earth and frank in his opinions, he has presented at numerous conferences, including FUSE, The Dieline Conference, Packaging that Sells, Omnishopper and PLMA’a annual trade show in Chicago. Durham lives in Charlotte, NC with his wife, Laraine, and two daughters, Olivia and Sarah.