Overview
In an opinion dated Thursday, Judge Engelmayer granted Old Navy summary judgment dismissing trademark and related claims brought by Robert Lopez, a clothing designer from the Lower East Side of Manhattan who made “Lower East Side” branded apparel that he contended was confusingly similar to “Lower East Side” apparel recently sold at Old Navy (see images below). Among the reasons for the judge’s decision was Mr. Lopez’s candid admission that the type of people who shop at Old Navy are not his customers:
There is also an admitted difference in audience. Like many salespersons, Lopez views “anyone” as a potential customer. However, Lopez regards Old Navy’s customers as distinct from the persons he perceives as most likely interested in buying L.E.S. Clothing Co. products. At his deposition, Lopez was asked, “And the kind of people who you emulate for your customers, they’re not Old Navy customers, right?” He responded: “Not at all.”
