It is fruit versus fashion! Canned food items brand name Libby’s needs to can Libbie Mugrabi’s items — and has sued the socialite for trademark infringement.
Libby’s — the canned meals firm that dates back to the 1800s — filed a federal lawsuit from Mugrabi’s manufacturer in Florida over her eponymous extras line, Libbie, Site 6 has figured out.
The fruit firm is alleging trademark infringement and unfair competition, declaring Mugrabi’s haute trucker hats and other objects emblazoned with her “Libbie” symbol could harm its $500 million for every yr company.
Mugrabi has been marketing the hats on her have Libbielove site — and has reportedly been branching into Libbie-branded masks, keychains and even condoms.
We earlier described that the art-loving socialite is producing her hats in an outdated Libby’s canned pineapple manufacturing facility in Maui, Hawaii, with assistance from artist Mickey Eskimo.
But it seems that Libbie’s line has remaining a bitter taste in Libby’s mouth.
Libby’s lawsuit alleges that, “Libbie’s actions show an intentional, willful, and malicious intent to trade on the goodwill related with the trademark of Libby’s Model to the good and irreparable damage of Libby’s Brand.”
The court papers also declare, “Libbie is knowingly and intentionally employing the fame and public recognition of Libby’s” to promote her line, and that, “Libbie triggered and is probably to go on leading to substantial personal injury to the public and to Libby’s Manufacturer.”
Mugrabi’s facet scoffed in a assertion that: “Stores like Bergdorf and H&M do not routinely stock canned pineapple on their outfits racks.”
The go well with even further alleges that, “Libbie’s use of a confusingly comparable imitation of the trademark of Libby’s Manufacturer is possible to induce confusion, deception, and miscalculation by creating the false and deceptive perception that Libbie’s Solutions are made or distributed by Libby’s Model, or are affiliated, related, or involved with Libby’s Brand name, or have the sponsorship, endorsement, or acceptance of Libby’s Brand.”
The suit is trying to find “injunctive relief and to get better Libbie’s income, actual damages, enhanced revenue and damages, charges, and reasonable attorneys’ costs.”
Mugrabi’s legal professional David Woods advised us in a assertion: “Libbie Mugrabi views the litigation brought against her firm Libbie, LLC for trademark infringement and unfair levels of competition to be frivolous and with no advantage. No a single, primarily users of the young hip hop marketplace to whom Libbie marketplaces her outfits items, would assume, when obtaining a hat or a blouse bearing the brand of Ms. Mugrabi’s Hebrew very first title ‘Libbie’ – a name that has been in her spouse and children for generations, that the same firm also manufactures and sells canned pineapples, corn and pumpkin. Stores like Bergdorf and H&M do not routinely inventory canned pineapple on their outfits racks.”
Libby’s was launched in at the very least 1894, according to the lawful filing. Nowadays, it licenses its identify to foodstuff giants this kind of as Nestle, Conagra and Seneca Food items.
And even though the lawsuit admits that Libby’s is not in the accessories biz, the canned brand “permits its licensees to show, but not provide, the Libby’s trademark on sundry solutions which include, for instance, on baseball-style caps, backpacks, shirts and aprons.” The match statements that, “Annual marketing expenditures to encourage the Libby’s trademark [and products] are extremely sizeable.”
The lawsuit was to start with filed in August in US District Court for the Middle District of Florida, Tampa Division. Libby’s is seeking punitive damages — while the accommodate doesn’t specify a dollar sum. The Florida location oversees statements around $75,000.
Court docket files submitted previous month clearly show that Mugrabi’s facet was trying to vacate a clerk’s default judgement in the scenario last thirty day period, and that they’ve requested more time to answer to the match in court.
Mugrabi has beforehand told Site Six: “I enjoy Maui and I’m obtaining a house below close to Oprah Winfrey’s estate.” She also has stated she was likely to check out the web site of the famed “Libbyville” cannery on O’ahu — where Libby’s workers when lived — previously this 12 months.
Apart from lids that say “Libbie,” Mugrabi’s line contains hats with slogans such as, “Bougie,” “Pyscho Supporter,” “Icon” and “Rebel.”
Mugrabi, 41, has been going by way of an ongoing multimillion-greenback divorce battle with her ex, billionaire art gathering scion David Mugrabi. She moved to reopen the bitter split in June, right after the pair disagreed on dividing up property such as useful artwork and vehicles.
Attorneys for Libby’s Manufacturer did not get again to us.