Retailer New York & Company Inc. has asked a federal court to stop a J.C.
Penney Co. Inc. ad campaign from appearing publicly, stating the campaign infringes too much on its own logo. In a lawsuit filed last week in U.S. District Court in Manhattan, the
New York-based specialty retailer alleged that Penney’s “NYC Style”
slogan treads too closely to the “NY Style” tag line it has consistently used since
the New York & Co. claim, Penney's has spent more than $6
million on marketing the “NY Style” mark in direct mailings, online ads
and in its 580 stores.
The companies first battled over the
phrase back in July, when J.C. Penney ran a billboard in New York's Herald Square that announced its much talked about Manhattan debut. That sign read, “NYC Style. JCP prices.”
New York & Co. immediately sent a letter to J.C. Penney on the matter at the
time, but the retailer's ad agency, Saatchi & Saatchi, responded by denying any conflict and
reserving the right to make future use of the phrase. Saatchi &
Saatchi also noted in its response that the billboard came down on July
31, the same day Penney’s opened its Manhattan flagship at the
New York & Co. says it was still imperative to
bring about the new suit after an Oct. 26 New York Times article revealed an
upcoming Penney’s holiday spot would use the tag, “Give N.Y.C. style at
J.C.P. prices.” The specialty retailer is seeking an injunction
against J.C. Penney’s use of the ads, profits obtained by their use,
legal fees and other, unspecified damages. Neither store operators from Penney's nor reps from Saatchi & Saatchi, who are also defendants, commented on the pending case.
Article Source: WWD
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