A Los Angeles judge handed a preliminary victory to a fashion designer who sued his brother in a spat over high-end parody T-shirts, according to court papers obtained today.
Brian Lichtenberg, whose BLTEE clothing line is worn by such entertainers as Miley Cyrus, Rihanna and Lady Gaga, sued his younger brother’s Alex & Chloe brand over streetwear designs that parody the logos of high-end fashion houses.
In granting a motion for a preliminary injunction, U.S. District Judge Dean D. Pregerson on Friday ordered Chris Lichtenberg to remove from the Internet photos of celebrities wearing his brother’s designs “in any manner that would lead others to believe that such persons are wearing” Alex & Chloe products.
In his lawsuit alleging trademark infringement, unfair competition and defamation, Brian Lichtenberg seeks to bar Alex & Chloe from producing and marketing clothing “confusingly similar” to his BLTEE line of T-shirts, sweatshirts, hoodies, caps and sweatpants.
Brian Lichtenberg contends that Alex & Chloe appropriated his “trade dress,” or the size, shape, color, general appearance and texture of his designs. His brother refutes the allegations, claiming that Alex & Chloe’s designs are his own and are labeled as such.
Pregerson denied the “trade dress” claims, but plaintiff’s attorney David Grazian said he would re-argue the issue in future court filings.
Brian Lichtenberg’s T-shirt line plays on the logos of iconic fashion houses, substituting “Feline” for Celine, “Homies” for Hermes and “Ballin” for Balmain. The shirts, which sell for about $60 to $70, mimic the style, font, and other elements of the luxury brand designs.
According to the lawsuit filed last September in federal court, Brian Lichtenberg created the contested Balmain parody, using “Ballin” and “Ballin Paris,” at the beginning of last year, following a conversation with Kanye West.
Brian Lichtenberg contends in the suit that his brother copied his designs while working for him as a part-time computer tech in 2012. Alex & Chloe’s shirts are advertised for about $45 to $69.
Chris Lichtenberg “proceeded to use such purloined information to enable his company, A&C, to take T-shirts and sweatshirts using the ‘Ballin’ and ‘Ballin Paris’ parody name to the market” months before his brother, the lawsuit alleges.
In his order, Pregerson also barred Chris Lichtenberg from using his brother’s customer, distributor or manufacturer lists.
The lawsuit seeks punitive damages and an injunction to stop Alex & Chloe from using what are alleged to be Brian Lichtenberg’s designs and trademarks.
