According to Moshik Nadav, “the overall look and feel of Banana Republic’s reproduction of the Paris Pro ampersand is substantially similar to the Paris Pro ampersand,” as the retailer “intentionally copied or caused to be copied the Paris Pro ampersand.” As a result, the company claims that it has been deprived “of any compensation for [such] commercial use of [its] work.”
Moshik Nadav’s ampersand (left) & Banana Republic’s (right)
Against that background, the company – which says that its previous clients have included Vogue, Estee Lauder, Elle UK, Ann Taylor, Volkswagen, Harrods, Target, Fast Company, and GQ – sets forth a single cause of action unjust enrichment on the basis that “by engaging in commercial use of the Paris Pro ampersand, Banana Republic received a benefit … without receiving the necessary commercial license at the plaintiff’s expense.” In furtherance of its claim of unjust enrichment, in connection with which Moshik Nadav will have to show that Banana Republic enjoyed a benefit as its expense, the company is seeking damages in “an amount greater than $75,000” to be determined at trial.
*The case is Moshik Nadav Typography LLC v. Banana Republic, LLC, 1:20-cv-08325 (SDNY).
For more information on IP infringement contact Clive Bonny Clive@consult-smp.com
Or watch a brief 6 minute tutorial at https://consult-smp.com/ip-infringement
Clive provides free initial consultations on IP protection