A ski resort owner has filed a lawsuit against a fashion brand that is allegedly sending “influencers” to do photo shoots in its clothing on the slopes.
According to a report by The Denver Post, Aspen Skiing Co.– which owns the Snowmass resorts in Aspen, Colorado — has sued London-based skiwear company Perfect Moment.
The dispute between the two companies reportedly began in March 2021 when Perfect Moment shared photos of influencers modeling its skiwear on Aspen Skiing Co.’s lifts and slopes on social media.
Aspen Skiing Co. noticed the photos and sent a cease-and-desist letter to London, U.K. Following this, some, but not all of the photos were removed from the clothing brand’s social media accounts.
The Denver Post reports that according to the lawsuit, Aspen Skiing Co. and Perfect Moment managed to get along for two-and-a-half years after this.
However, in October, Perfect Moment allegedly posted photos from Aspen Skiing Co.’s ASPENX Beach Club, a hangout on Aspen Mountain where admission can set visitors back $450. The posts, which remain online, advertised a $790 jacket imprinted with a photo of the club — which Aspen Skiing Co. called “infringing apparel.”
Aspen Skiing Co. sent another cease-and-desist letter to Perfect Moment, this time demanding that the fashion company delete the social media posts and stop selling its “infringing apparel.”
But when the letter did not solve the issue, the resort owner sued Perfect Moment in federal court for infringing on its trademark among other alleged offenses.
“Perfect Moment hired at least one model and/or influencer to attend Aspen Skiing Company’s ASPENX Beach Club experience dressed in Perfect Moment apparel for the purpose of being photographed for the creation of the infringing apparel,” the company alleges in the lawsuit.
Aspen Skiing Co. accused American photographer Dede Johnston of allegedly taking these photos.
In the lawsuit, Aspen Skiing Co. also accused Perfect Moment of deceptive trade practices, unjust enrichment, misappropriation of business value, and giving consumers a false sense that Perfect Moment is endorsed by Aspen Skiing.
“Perfect Moment continually and repeatedly associates itself with ASC Resorts… for the purpose of appropriating ASC’s world-class reputation and luxury lifestyle,” it alleges.
According to The Denver Post, Aspen Skiing wants Perfect Moment to destroy the offending clothes, delete photos taken at Aspen Snowmass resorts, and hand Aspen Skiing the profits that it made from its alleged trademark infringements. Aspen Skiing also wants punitive damages “to deter” any future “bad faith conduct.”
Image credits: Header photo licensed via Depositphotos.