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SANTA ANA (CNS) - A trademark lawsuit brought by Playboy Enterprises against Fashion Nova, alleging the Los Angeles-area online purveyor of quick-to- market apparel sold Halloween costumes mimicking the brand's signature bunny costume, has been dismissed, according to court papers obtained today.
Playboy alleged that when people think of its brand, the second thing that comes to mind is the Playboy Bunny and her one-piece costume of bow tie, strapless satin corset, bunny ears and white cotton tail. Fashion Nova's version is an ``attempt to confuse and mislead consumers,'' according to Playboy's suit filed last year in federal court.
With names such as ``Bunny of the Month 4-Piece Costume Set,'' ``Bunny Hop 3-Piece Costume Kit'' and ``Miss B Bunny Costume,'' Fashion Nova's products are ``materially indistinguishable from Playboy's Bunny Costume,'' according to the suit.
A federal judge in Santa Ana granted a stipulation of permanent dismissal Friday with each side to bear its own attorneys' fees and costs. Further information was not available.
In the dispute, Playboy alleged that Fashion Nova's business model is built on ``disregarding trademark protections, which are of critical importance to Playboy's brand.'' Playboy said it sought to protect its brand and ``put an end to Fashion Nova's latest attempt to copy the famous designs and trademarks of others.''
In a response filed in April, lawyers for Fashion Nova denied the allegations, arguing that Playboy had ``abandoned'' its trademark, closed its Playboy Clubs and ceased printing its magazine.
In July, the apparel company settled claims on the eve of trial that it copied Versace dress designs.
Fashion Nova was founded in 2006 as a chain of stores in Los Angeles- area malls that sold low-priced ``clubwear.'' In 2013, it launched an e- commerce site to sell ``fast-fashion'' apparel -- inexpensive clothing produced rapidly to meet new fashion trends.
``Fashion Nova's ability to churn out new clothing so quickly is due in large part to its willingness to copy the designs of other companies, piggybacking on their creative efforts to boost Fashion Nova's bottom line,'' Playboy Enterprises alleged.