Bootie Labs LLC Beats Balenciaga In Trademark Dispute
May 5, 2023
Cheeky beauty and fashion startup wins major IP case over embattled french luxury brand.
Fairfax, California May 4, 2023 (Issuewire.com) - Bootie Labs LLC, the firm behind the Bootie Babe® lifestyle brand is claiming victory over a trademark dispute brought on by The Kering Group, owner of luxury fashion brand Balenciaga.
The dispute arose over the registration of the BB logo that Bootie Labs uses on all of its product designs.
In December 2022 the law firm representing Balenciaga (Rothwell, Figg, Ernst & Manbeck) filed an extension to oppose this mark and another in March 2023 (Balenciaga also has a registered BB logo they have been relentless in protecting for decades).
Bootie Labs and the law firm were engaged in negotiations for the last month but unfortunately could not reach a settlement.
Mookie O'Hara, founder and creative director gave his version of events:
"First they said they wanted me to withdraw my applications without any compensation in return. Then they issued a veiled threat about having resources outside of the trademark courts to fight me with."
"As another tactic, they mentioned that if I hired a lawyer to defend me it would cost over $100K and take up to two years."
"When I resisted these efforts they asked me what would make me feel "comfortable" and I gave them several options including acquiring or investing in my brand and IP."
The law firm requested that O'Hara refrain from posting about this story or any conversations during the negotiation as a token of good faith and he obliged.
After four weeks of no response or offer, Mookie responded to their complacency by filing a Declaration of Incontestability with the USPTO.
Doing so provides additional IP protection and exclusive use of his BB logo for any class of goods or services.
O'Hara considers this a major win for his brand:
"To me, it's like owning the rights to the Apple logo or the SuperMan S emblem - it's absolutely critical for an emerging brand to have."
He sees this as an epic David vs. Goliath battle that the little guy rarely wins:
"I was just reading about the Australian designer Katie Perry's win over the singer Katy Perry and that victory took 15 years. Hopefully, these outcomes will show the world that indie designers can protect their IP and fight back against massive brands and celebrities who think they can push us around and use their vast wealth and powerful legal teams to fight for years if necessary to try and defeat us."
Bootie Labs LLC is interested in leveraging its newly expanded IP and developing many new product lines through licensing or partnerships with multi-brand owners such as LVMH, The Levy Group, Beach House Group, and others.
#FREETHEBOOTIE
Source :Bootie Labs LLC
This article was originally published by IssueWire. Read the original article here.
More News
Construction of $1.4b Brisbane Arena to begin within weeks. Take a look around
The Gather Brisbane consortium has been tapped to build and run the 17,000-seat Woolloongabba venue, which is slated to open by 2031.
Commercial childcare is hitting a brick wall. Who will pick up the pieces?
Australia’s largest childcare provider has signalled its intent to surrender to a lowball private equity bid as other for-profit providers collapse in record numbers.
Secret report finds 2000-tonne ship poses severe environmental threat
A confidential condition report on the MV Cape Don found that it is riven with gender-bending chemicals, rotten floorboards and holes big enough to cause a large risk of catastrophic failure.
Australia and New Zealand prepare for Rugby League World Cup finals double-header
Here's when and where to watch the Rugby League World Cup Men's and Women's finals.
Brisbane Arena fly-through
A first look at the $1.4 billion Brisbane Arena in Woolloongabba, which is expected to open by 2031.
Brisbane Arena fly-through
A first look at the $1.4 billion Brisbane Arena in Woolloongabba, which is expected to open by 2031.
Have you done this before? Hong Kong firefighter recalls mid-air rescue chat
Hong Kong firefighter Yuen Chung-hang did not expect to have to explain his work experience while dangling from a rope to rescue one of two workers left hanging in mid-air outside a skyscraper after their gondola malfunctioned. As Yuen tried to keep the man calm with small talk during their descent from the 35th floor of Jardine House in Central late last month, he was asked whether he had handled similar situations before. “I didn’t expect that, but I understand it because the worker was very...
‘Heartbreaking milestone’: WA’s road toll overtakes 2025 figure in horror 48 hours
The road toll in WA is now higher than it was in 2025, prompting urgent calls for safer driving and improved road conditions, particularly in the country.
Carney says he's 'making progress' with Trump on possible US-Canada trade deal
Canadian Prime Minister Mark Carney said Saturday trade negotiations between his government and the U.S. were progressing amid a monthslong tariff battle between the two countries. The leader told reporters in Manila he had a conversation with President Trump, U.S. Trade Representative Jamieson Greer, White House chief of staff Stephen Miller and other officials "just...
Man assaults driver in Downer after emerging from bushland, police allege
The man hailed a black Suzuki Baleno.
Police exploring possible sovereign citizen link in Perth fatal shooting
Police have arrested a 38-year-old man at the scene after they found a 44-year-old man deceased at a home in Keysbrook, south-east of Perth.
'The beach is not your friend this weekend': Massive waves pummel California coast
Tall waves pummeled the California coast on Saturday, causing beach and pier closures and endangering coastal homes and infrastructure from San Diego to Malibu and beyond.
YOUR NEWS, OUR NETWORK.
Do you have Great News you want to tell the world?
Be it updates about your business or your community, you can make sure that it’s heard by submitting your story to our network reaching hundreds of news sites across 6 verticals.