Florence-based luxury brand, Salvatore Ferragamo, is suing a Florida-based rapper going by the name ‘Ferragamo’ for trademark infringement and dilution.
The case was filed on Monday, August 7 at the United States District Court for the Northern District of Florida.
The design brand is accusing the defendant, named in the suit as Arthur Alexander Borders, and his company ‘Allergic to Failure LLC ‘of diluting the plaintiff’s trademarks. According to the complaint, unless the defendant is enjoined, he “will continue to injure both plaintiff and the public”.
Trademarks and Brands Online reports that the rapper filed a U.S. trademark application, serial number 87/082,856, with the United States Patent and Trademark Office (USPTO) for the ‘Carlos Ferragamo’ trademark for use with digital media, namely, CDs, DVDs, downloadable audio and video files featuring music, according to the claim.
Reportedly, Salvatore Ferragamo had sent a cease-and-desist letter in February, and a follow up letter in March, requesting that the rapper and his company desist from the use of their mark but they did not receive a response.The designer followed up by filing a notice of opposition at the USPTO.
The design brand alleges in its claim that ‘Carlos Ferragamo’ features a “number of profanities” in his songs and displays several luxury items in his videos, which could potentially confuse consumers into thinking the design brand and the rapper are affiliated.
Ferragamo is seeking an order for the transfer of infringing domains, damages, a jury trial, and for the rapper to deliver all infringing goods for destruction.