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Abercrombie Turns Up Nose at Beyonce's 'Fierce' Perfume

By DEBORAH NATHAN, ESQ., Andrews Publications Staff Writer

Abercrombie & Fitch has filed a lawsuit alleging that pop diva Beyonce Knowles will infringe the retailer's 'Fierce' trademark with her upcoming perfume, "Sasha Fierce."

Beyonce's insistence on using that name for the fragrance, set to go on sale next year, will infringe Abercrombie's long-standing trademark and likely confuse consumers, the complaint alleges.

Abercrombie, an Ohio-based retailer since 1892, says it has been using the Fierce trademark for a men's cologne since 2002.

The company says it regularly disperses the Fierce fragrance in all of the high-end chain's 350 stores because it wants all garments that leave the store to have the scent attached to them.

According to the complaint, filed in the U.S. District Court for the Southern District of Ohio, Beyonce released an album in November titled "I Am ... Sasha Fierce," referring to her on-stage alter ego.

She has since filed trademark applications for the Sasha Fierce mark, including one to be used for a fragrance.

Abercrombie says that in response to its cease-and-desist request, Beyonce disputed that there would be any confusion as to the source of the products bearing the Sasha Fierce mark.

Abercrombie disagrees and is seeking injunctive relief and damages against the pop star.

The complaint includes causes of action for trademark infringement, unfair competition and deceptive trade practices.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.

Abercrombie is represented by Marion H. Little Jr. of Zeiger, Tigges & Little in Columbus, Ohio.



Abercrombie & Fitch Co. et al. v. Knowles, No. 09-0807, (S.D. Ohio, E. Div. Sept. 15, 2009).
Intellectual Property Litigation Reporter
Volume 16, Issue 12
09/29/2009

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