NEW YORK — Calvin Klein Inc. and parent company Phillips-Van Heusen are facing accusations of trademark violations concerning its use of the name “Calvin” on apparel items.
In a complaint filed Dec. 17 in the Middle District of Pennsylvania U.S. District Court, Scranton, Pa.-based Calvin Clothing Co. Inc. accused Klein of four violations, including trademark infringement, false designation of origin and unfair competition. At issue is Klein’s use of the word “Calvin” on certain goods, rather than the full “Calvin Klein” label.
PVH did not return a call for comment on the matter.
According to background information in the complaint, Calvin Clothing began manufacturing Calvin brand boys’ suits and tailored clothing in 1935. The suit contends Calvin Klein was aware of the Calvin brand when he began doing business in the 1960s, and that a mutual understanding between the two companies regarding the use of the word “Calvin” had existed for over three decades.
“Calvin Clothing has taken the position that as long as apparel products were identified as originating from Calvin Klein, they were distinct and would not hurt Calvin Clothing’s very successful Calvin brand,” the complaint stated.
According to the suit, the relationship took a turn for the worse following Van Heusen’s acquisition of Calvin Klein in 2002.
“After more than 30 years of peaceful coexistence, and particularly after the purchase of Calvin Klein by PVH…the defendants have launched a frontal assault intended to put Calvin Clothing out of business,” the court filing said.
Calvin Clothing noted that Calvin Klein is now opposing its applications to register certain Calvin trademarks with the U.S. Patent and Trademark Office on the grounds that the company’s rights are limited to boys’ and students’ tailored clothing. Calvin is arguing that Klein is “impermissibly expanding its brand into areas of apparel that are likely to cause consumer confusion.” According to the suit, Klein is also allegedly seeking to cancel several patent registrations of Calvin Clothing.
Calvin Clothing is seeking a “judicial declaration” of its rights to the Calvin trademark, an injunction barring Klein from using the trademark and that all of Klein’s “Calvin”-branded goods be handed over for destruction. The company is also seeking an unspecified amount in damages.