Los Angeles, CA – Trademark attorneys for Project E filed a trademark infringement and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint at the Federal District Court in Los Angeles over Genetic Denim’s use of a double helix design stitching on jeans’ pockets. Plaintiff asserts that it is the owner of the “XX” trademark, which comprises two adjacent Xs stitched into garments, and first used the trademark in 2004. Although, the Plaintiff does not sell jeans/denim, it claims that the mark has been used on polo shirts and sweaters and that the goods are substantially related.
Genetic Denim uses a DNA double helix stitched into the jeans’ back-pockets and – playing on the genetic theme –an “XY” stitching is used on the front of jeans for men and an “XX” stitching is used on the front of jeans for women. The complaint alleges that Genetic Denim’s “use of the trademark or a substantially similar trademark is likely to cause confusion, mistake or deception as to the source or origin of defendant’s goods in that the public and others are likely to believe that defendant’s goods are manufactured, distributed or sold by, or sponsored by, or approved by, or licensed by, or affiliated with, or in some other way legitimately connected to plaintiff. Such public confusion has and will continue to cause irreparable harm to plaintiff.” In addition to preliminary and permanent injunctions, Plaintiff also seeks monetary damages. The case is titled Project E, Inc. v. Genetic Denim, LLC, CV 08-04016 R (C.D. Cal. 2008).