Pharrell Williams’ Ice Cream label is fighting a ruling in favor of Gilmar SpA that threatens to put on ice one of the musician’s apparel trademarks.
On Jan. 25, the United States Patent and Trademark Office’s Trademark Trial and Appeal Board sided with the Italian fashion firm’s opposition and refused to award the Ice Cream trademark to Williams’ BBC Ice Cream LLC for apparel items. The three-judge panel agreed with Gilmar, best known for its flagship Iceberg brand, that the Ice Cream mark could cause confusion with a family of trademarks it holds centered around the word “ice.”
BBC Ice Cream opposed the decision in a trademark lawsuit filed against Gilmar in U.S. District Court in Manhattan on March 24. The complaint seeks to reverse the board’s ruling and to cancel several of the Italian firm’s registered marks in the U.S., including “Ice,” “Sport Ice” and “History Iceberg.” Lawyers for BBC Ice Cream alleged that, during the trademark board litigation, Gilmar “submitted no evidence that it has an ‘Ice’ brand of apparel or that the consuming public associates this term with Gilmar in any way.”
In the complaint, the streetwear firm’s lawyers faulted the judges for failing to instead compare Gilmar’s Iceberg mark with the Ice Cream mark. The two, they wrote, differ significantly in sound, appearance and meaning.
You May Also Like
Gilmar’s U.S. office said this week that it could not comment because it is in the process of closing. The firm’s Italian office did not immediately respond to a request for comment.