Court Rules Against New York & Co. In Activewear Suit

ny-and-company

Stemming from a prior complaint in April, a United States District Judge ruled in favor of Reflex Performance Resources against New York & Co. The women’s apparel and accessories brand was accused of trademark infringement regarding their Velocity activewear line early last year.

Upon first knowledge of the competing line, Reflex found issue with the mark used. The design brought strong comparisons to that of their own, to which the brand has held the license since 2012 through 4 Pillar Dynasty LLC.

Reflex argued that the similarities between the two symbols as well as that of the clothing bearing them “have and are likely to continue to cause confusion” for consumers. The brand would go on to state that New York & Co. used the Velocity mark “with the intent to mislead or deceive the public.”

The resulting verdict includes New York & Co. paying a sum of $5.6 million to Reflex Performance Resources. However, there is still the opportunity to appeal the court’s decision.

Additionally, the brand is now forbidden from using the mark in any further venture. This as specified by U.S. District Judge, Jed S. Rakoff, spans using the mark “alone or in conjunction with other words.”

New York & Co. could not be reached for comment.