USALife.info / NEWS / 2023 / 12 / 28 / ASPEN SKI RESORT SUES UK DESIGNER OVER INFLUENCER PHOTOSHOOTS ON SLOPES
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Aspen Ski Resort Sues UK Designer Over Influencer Photoshoots on Slopes

09:51 28.12.2023

The Aspen Skiing Company (ASC) has filed a lawsuit against London-based designer Perfect Moment, accusing the clothing brand of falsely associating itself with the luxury ski resort in order to gain a reputation. The lawsuit alleges federal trademark infringement, unfair competition, false association and/or false endorsement, deceptive trade practices, unjust enrichment, and misappropriation of business value.

According to documents seen by The Independent, the dispute between ASC and Perfect Moment began in March 2021 when the fashion brand posted photos of female influencers wearing its products on ASC's ski lifts and slopes without permission. ASC sent a cease-and-desist letter to Perfect Moment, and although some of the photos were taken down, not all were removed.

Two years later, Perfect Moment allegedly hired at least one model or influencer to attend ASC's ASPENX Beach Club experience dressed in Perfect Moment apparel for the purpose of being photographed for the creation of infringing apparel. The complaint states that Perfect Moment attempted to falsely associate itself with ASC's resorts, trademarks, and iconic Beach Club experience in order to trade on ASC's reputation and goodwill.

ASC sent a second cease-and-desist letter in October 2023, demanding the removal of posts referencing the Beach Club resort and pictures of clothing featuring ASC. The ski resort claims that Perfect Moment has unfairly competed with ASC by creating the impression that its goods are affiliated with or endorsed by ASC, causing monetary and reputational damage.

The lawsuit also alleges that Perfect Moment committed these acts willfully and with the intent to deceive consumers and cause confusion. The Independent has reached out to both Perfect Moment and ASC for comment on the matter.

In a separate report by The Denver Post, it is mentioned that ASC is owned by 98-year-old businessman Lester Crown and his family. The company operates Aspen Mountain, Aspen Highlands, Buttermilk, and Snowmass ski areas.

The New York Post has also reached out to Perfect Moment for comment, while ASC has stated that it does not comment on active litigation.

The lawsuit highlights the ongoing battle between ASC and Perfect Moment, with ASC claiming financial and reputational damages due to Perfect Moment's unauthorized use of ASC's brand and association with the ski resort. ASC is seeking a jury trial and punitive damages in the case.

/ Thursday, December 28, 2023, 9:51 AM /

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