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Urban Outfitters sued by independent fragrance brand Eris

Fashion

Urban Outfitters sued by independent fragrance brand Eris

By Dale Arden Chong

Mar 27, 2019

Fashion, beauty and lifestyle retailer Urban Outfitters is being sued by a younger and smaller fragrance brand, Eris, for one of the American retailer’s gender-free fragrances, according to The Fashion Law. Eris, a three-year-old company, filed a complaint for trademark infringement, with claims that Urban Outfitters has copied its federally registered trademark, as well as used the “marketing text almost verbatim” from the fragrance brand’s website.

According to the complaint, Eris has been using its trademark-protected “Mx” mark on its fragrance since 2017, which was created by the brand’s founder Barbara Herman and perfumer Antoine Le.

Along with trademark infringement, Eris has filed claims for unfair competition and false designation of origin, as well as copyright infringement. The brand is seeking a court order that Urban Outfitters and its distributor, Maesa, end all use of Eris’s intellectual property for the product immediately and permanently. In addition, Eris is seeking monetary damages from the mass retailer.