Fashion Law: Luxottica vs. BCBG Max Azria in Wayfarer Lawsuit
Italian eyewear company, Luxottica who owns Ray-Ban has initiated legal proceedings against BCBG Max Azria for allegedly copying their distinguished Wayfarer frame. The Wayfarer frame was designed in 1952 and the U.S. trademark was registered two years later by Bausch & Lomb. Luxottica acquired the Ray-Ban brand in 1999.
Luxottica claims that BCBG has copied and reproduced merchandise, labels, signs and even advertisements imitating the Wayfarer trademark intended to use towards commerce. Filed in the Los Angeles U.S. District Court, the Luxottica Group Spa firmly stated the fashion house has intent to confuse consumers with its infringing therefore hurting the Milan-based company’s reputation and goodwill.
“Over the years Luxottica has invested a considerable amount of time and money in establishing the Wayfarer trademark in the minds of consumers as a source of high-quality eyewear,” the suit continued. BCBG Max Azria, which has been contacted for comment, has been asked in the suit to disclose the profits that it has made from the “infringement, unfair competition, dilution and false designation of origin” and repay them to Luxottica.
Luxottica Group Spa owns several other eyewear chains including LensCrafters, Pearle Vision, Sears Optical, Sunglasses Hat and Target Optical. This isn’t the first time, Luxottica has pursued actions against Ray-Ban knockoffs as they have chased down lesser-known marketers in the past.by