Dive Brief:
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U.S. teen apparel retailer Aeropostale filed a lawsuit in a federal court in New York last week against Stockholm-based H&M for having Aeropostale’s trademarked “Live Love Dream” phrase on t-shirts and bags.
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H&M hasn’t pulled the merchandise despite receiving legal notices about the infringement from Aeropostale’s legal team.
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Earlier this year, H&M pulled a t-shirt with a design that was deemed anti-semitic.
Dive Insight:
It almost seems like someone designing H&M’s merchandise isn’t paying close enough attention. Just weeks ago the apparel retail giant apologized for insensitivity and pulled a design from its racks that critics viewed as anti-semitic. Now it is facing accusations of trademark infringement from a smaller rival. The Swedish retailer may claim first amendment protection or argue that the items with the trademarked phrase cause no harm to its smaller American rival. But Aeropostale is clearly not letting this go, despite the legal costs of lodging this suit.