The proprietor of the Aspen Snowmass resorts is complaining a couple of high-end trend firm that retains sending so-called “influencers” to its ski areas to be photographed in expensive apparel.
Aspen Snowboarding Co. filed a lawsuit Wednesday that accuses Good Second, a London-based skiwear maker, of trademark infringement, amongst different allegations.
The dispute started in March 2021, when Good Second posted pictures of feminine influencers modeling its skiwear on Instagram and different social media websites. Inside weeks, Aspen Snowboarding observed the pictures, realized they have been taken on its lifts and slopes, and despatched a cease-and-desist letter to London. Some, however not all, of the posts have been deleted in consequence.
“Good Second deliberately selected to conduct its business photoshoot on the ASC Resorts to commerce on (its) goodwill and shopper recognition,” Aspen Snowboarding says now.
Then, for two-and-a-half years, the businesses bought alongside, in line with this week’s lawsuit.
Till October, when Good Second posted pictures from the ASPENX Seaside Membership, a hangout on Aspen Mountain the place admission can price $450 and Dom Pérignon is bought by the bottle. The posts, which stay on-line, promote a $790 jacket imprinted with a photograph of the membership.
Aspen Snowboarding refers to that jacket and matching leggings ($190) as “the infringing attire.”
“Good Second employed a minimum of one mannequin and/or influencer to attend Aspen Snowboarding Firm’s ASPENX Seaside Membership expertise wearing Good Second attire for the aim of being photographed for the creation of the infringing attire,” the lawsuit alleges.
Aspen Snowboarding accuses an American photographer, Dede Johnston, of taking these pictures. Johnston didn’t reply BusinessDen’s request to speak about what occurred.
On Halloween, Aspen Snowboarding once more despatched a cease-and-desist letter to Good Second, this time demanding that it take down the social media posts and cease promoting its “infringing attire.” When that didn’t work, the resort proprietor sued Good Second in federal courtroom.
Along with infringing on its emblems, Aspen Snowboarding accuses the British firm of misleading commerce practices, unjust enrichment, misappropriation of enterprise worth and giving shoppers a false sense that Good Second is endorsed by Aspen Snowboarding.
“Good Second frequently and repeatedly associates itself with ASC Resorts…for the aim of appropriating ASC’s world-class popularity and luxurious way of life,” it alleges.
Spokespeople for Good Second didn’t reply BusinessDen’s requests for remark.
Aspen Snowboarding needs U.S. Justice of the Peace Decide S. Kato Crews to make Good Second destroy the offending garments, delete social media posts taken at Aspen Snowmass resorts, and hand Aspen Snowboarding the income that it made out of its alleged trademark infringements. Aspen Snowboarding additionally needs punitive damages “to discourage” any future “dangerous religion conduct.”
Aspen Snowboarding Co., identified in Aspen as SkiCo, is owned by 98-year-old Chicago businessman Lester Crown and his household. Crown’s son, Jim Crown, was the managing accomplice of SkiCo earlier than he died in a single-vehicle race automotive crash in Aspen over the summer time. The corporate runs Aspen Mountain, Aspen Highlands, Buttermilk and Snowmass ski areas.
Its attorneys are Ian Saffer and Kate Bohmann with the nationwide legislation agency Quarles & Brady.
In a presentation to potential buyers final month, Good Second mentioned that its “community of social media influencers” are key to reaching snowboarding’s “largely prosperous” followers.
“We consider that inspiration and developments have shifted from editorial content material on the printed pages of month-to-month trend magazines,” the corporate mentioned, “to the real-time social media channels of the world’s main trend bloggers, influencers and celebrities.”
