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In the event you’re seeking to do a business picture shoot at an iconic ski resort, get it cleared with the house owners first.
That’s a lesson that London-based skiwear maker Good Second is studying firsthand. Aspen Snowboarding Firm (ASC) filed a federal lawsuit towards the posh attire maker in a Colorado district courtroom final month. ASC is accusing it of sending “influencers” to Aspen ski resorts for pictures that have been used to promote its attire on-line.
Furthermore, a number of the clothes really featured photographs of the unique ASPENX Seashore Membership as graphics. A $790 jacket and matching $190 leggings each use a picture of the membership and have been marketed by Good Second with pictures taken on the property — unbeknownst to its house owners, the lawsuit stated.
Now, Good Second faces a number of allegations from ASC. They embrace trademark infringement and misleading commerce practices.
“Good Second’s try and commerce on ASC’s popularity and goodwill deceives shoppers into believing that Good Second is affiliated with or endorsed by ASC, inflicting ASC each financial and reputational harm,” the corporate wrote within the lawsuit.
A Lengthy-Standing Dispute
The Aspen firm’s dispute dates again to March 2021. That’s when the posh ski model first despatched fashions sporting its skiwear to pose at Aspen ski resorts. These pictures have been then used on the model’s social media channels.
“Good Second’s goal demographic would acknowledge [the posts] as depicting ASC’s Resorts,” the lawsuit stated.
Staff at Aspen Snowboarding Firm quickly realized what was occurring. They despatched a cease-and-desist letter to Good Second. The British model deleted “some, however not all” of the posts consequently, in accordance with the swimsuit.
Quick-forward to October 2023. That’s when Good Second began promoting clothes with photographs of Aspen ski resorts — with out the corporate’s permission, ASC wrote. The London model first employed American photographer Dede Johnston to shoot fashions on the unique ASPENX Seashore Membership, the swimsuit stated.
Fashions have been sporting Good Second attire emblazoned with photographs of the costly membership, the place admission can value $450 and Dom Perignon is bought by the bottle, The Denver Publish reported.
Aspen’s Calls for
ASC despatched one other cease-and-desist letter. And this time, Good Second appears to have eliminated the “infringing attire” from its web site. Nonetheless, ASC has already noticed at the least one buyer sporting the clothes to considered one of its resorts.
Now, Aspen Snowboarding is in search of a number of authorized treatments. They embrace the destruction of the “infringing attire” and the removing of social media posts taken at Aspen Snowmass resorts. ASC additionally needs the forfeiture of income generated from the alleged trademark infringements, and punitive damages to discourage future “dangerous religion conduct.”
GearJunkie reached out to representatives for Aspen Snowboarding Firm, however they declined to touch upon the lawsuit. Neither Good Second nor Johnston responded to requests for a press release.
ASC, recognized regionally as Aspen SkiCo, operates 4 mountains in Colorado. Aspen Mountain, Aspen Highlands, Buttermilk, and Snowmass ski areas are all on the ASC go. In accordance with enterprise tracker GrowJo, the corporate’s annual income is sort of $520 million.
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