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Published on 08-28-2019 03:53 AM
Number of Views: 1448
Nike, the NBA, the Brooklyn Nets, and New Era have not stopped adorning jerseys, hats, skateboards, keychains, pins, and sandals with Coogi’s legally-protected pattern since it filed suit against them in February, the sweater-maker argues. Instead, in addition to disclaiming liability in the motion to dismiss that they filed in July, the sports titans have argued that actually, Coogi is the one in the wrong for using the late Notorious B.I.G.’s likeness to boost its brand.
In a new filing this week, Coogi has asked the court to refrain from tossing out the case in its entirety, as despite the defendants’ assertions that its complaint “is replete with dubious theories that in some way seek to articulate a cognizable claim against the Brooklyn Nets’-branded products,” it has adequately pleaded its claims, and thus, the case should move towards a jury trial. This includes, according to Coogi, its claim that its sweater designs are protected by trade dress and that the defendants infringed those rights by putting their “Brooklyn Camo” print all over various products, as well as NBA jerseys.
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