NEW YORK — As Frankie B. readies to ship its Dittos branded jeans to retailers, Jordache filed a “trade name” lawsuit against the company.
Jordache Enterprises and Ditto Apparel of California Inc. filed a lawsuit in Manhattan federal court on March 28 against Frankie B. Inc., Dittos Inc., Daniella Clarke, Cynthia Stemrich and Paramount Sportswear Corp., which does business as Kathy Walker Sales.
Jordache alleged that Frankie B. and its related entities were aware of its use of the Dittos trademark and misappropriated the term. The complaint contains allegations of trade name infringement and false designation of origin. Jordache asked the court to cancel Frankie B.’s Dittos trademark based on its existing right to the name and on allegations that the registration of the trademark was fraudulent. The company also asked for a minimum of $1 million in damages.
A spokesperson for Frankie B. said, “We, as the legal licensee for the Dittos brand, were shocked and surprised to learn of the lawsuit filed today.” The other defendants could not be reached for comment by press time.
“We strongly feel that the Dittos brand belongs to us and our Ditto Apparel subsidiary, and it is important to prevent public confusion on this issue,” said Robert Spiegelman, general counsel of Jordache.
The Dittos brand was first popular in the Seventies and Eighties. The original line comprised tight-fitting, colorful jeans with a horseshoe-shaped seam on the rear, according to legal papers. Jordache acquired the brand after Ditto Apparel filed for bankruptcy in 1981 and said in court documents that it has kept the brand active.
As previously reported in WWD, Clarke, who serves as creative director for the Dittos license, which is operated as a separate business from Frankie B., said the company’s Dittos line was designed to re-create the brand’s identity. The line is made up of jeans with a more current cut and look, but the vibrant colors are part of the line.
The Frankie B. Dittos brand is due to ship to select retailers starting today. Full distribution was set to start a month from now.