Marc Jacobs is the quintessential no-nonsense fashion designers and this is further substantiated by his decision to wrap Christian Audigier in a legal guillotine choke. Audigier’s Nervous Tattoo, Inc is being sued by Marc Jacob’s for trademark infringement over a purse design. You just have to admire Marc’s balls! So the big question is, who will Christian piss off next?
Don Ed Hardy Says Tattoo Designs infringed by Christian Audigier
Don Ed Hardy, the first American tattoo artist to study with Japanese experts, sued a former licensee for copyright infringement.
Hardy, who came to tattooing with a degree in printmaking from the San Francisco Art Institute, formed Hardy Life in 2004 for the purpose of licensing his intellectual property to third parties, according to the May 29 complaint filed in federal court in Los Angeles.
One of his licensees was Christian Audigier, a high-profile French entrepreneur and fashion designer. In September 2004, Hardy licensed 1,800 tattoo designs to Audigier and Los Angeles- based Nervous Tattoo Inc.
Celebrities such as Shakira, Madonna, Parish Hilton, Leonardo Dicaprio and Kanye West have been photographed wearing clothing derived from Hardy’s designs.
After some initial disputes, the parties negotiated a new license agreement for a 10-year term. This agreement presently covers the business relationship between them, according to court papers.
Nervous Tattoo and Audigier have “refused to comply” with “repeated requests” for samples of packaging, labeling, advertising and products bearing the licensed IP, Hardy said in his complaint.
Beginning in 2007, Nervous Tattoo and Audigier began designing and distributing products with a tagline “Ed Hardy by Christian Audigier,” that Hardy says he never approved. They are also using unauthorized copies of Hardy’s designs, and have created unauthorized derivative works, according to court papers.
Hardy also claimed the defendants transferred ownership of his domain name “Donedhardy.com” to themselves without his consent, and created five additional domain names containing his name.
He asked the court to find that Audigier and Nervous Tattoo infringed his copyrights, are knowingly using counterfeit trademarks, and have misappropriated his domain name. He seeks an order barring additional infringement, seizure and destruction of infringing material and money damages. He asked for additional financial compensation to punish the defendants for their conduct, and for attorney fees.
John J. Dabney, Elliot Silverman and Rita M. Weeks Siamas of Chicago’s McDermott Will & Emery represent Hardy.
The case is Hardy Life LLC, v. Nervous Tattoo Inc., 2:08-cv- 03524-PA-CT, U.S. District Court, Central District of California (Los Angeles).
Christian Audigier says that the theme of his Spring 2008 collection shown at LA’s Mercedes-Benz Fashion Week is “La Vie en Rose”. In truth the collection was predictable with over-sized hoodies glammed up with glitz and skulls — yawn, yawn! On a side note, David Hasselhoff, commented to Audigier after the show, “I liked it; the girls looked great!”. We’re note sure whether Dave had his drinking goggles on or not.
Can CA clothing save Christian Audigier from the heat of Von Dutch and Ed Hardy? No disrespect to the marketing guru but he needs to find a few professional models to model his line. This is the official BS:
“CA is the premier collection from French native Christian Audigier, this line pays tribute to the Californian Culture with a French American impact. Christian Audigier has fused the best elements of hot rod, tattoo and Cholo culture, along with a nod to his French heritage, in this new line. C.A. is rock and roll with a soul.
The trademark of this new line is the reinterpretation of the graphic tee. The designs are regal, rock and roll. Since its inception, the C.A. line has been turning heads from Rodeo Drive to Rue du Faubourg St. Honoré. The line offers designs with distinctive touches and treatments, such as foil and flocking, that bring the pieces to life.
Christian Audigier is a line that celebrates being who you are. Lazy Sunday afternoons on Sunset, and wild nights out in New York are made better in C.A.”
Ed Hardy files lawsuit against Christian Audigier! As most of you will know Christian Audigier is no stranger to lawsuits and is still in the process of of fighting Von Dutch who are reputedly suing him for fraud. Anyway, the latest lawsuit from Ed Hardy claims he is in breach of his contract with Ed Hardy by contracting work to sublecensees in which he holds an interest, underreporting sales and failing to pay Hardy royalties, withholding several Ed Hardy copyright certificates and failing to submit artwork to Ed Hardy for approval. Christian Audigier has got himself in the middle of an Ed Hardy + Von Dutch sandwich and it looks like someone is going to have him for dinner. Maybe it’s time for a quick get away…