Alice + OIivia sues Betsey Johnson for trademark infringement

Alice + Olivia is facing off against Betsey Johnson. The New
York-based womenswear brand filed a lawsuit against Betsey Johnson and
its parent company, Steve Madden, last week over a design that looks
remarkably similar to the face of Alice + Olivia’s creative director
and founder, Stacey Bendet.

The lawsuit claims multiple counts of infringement, including
copyright, trademark and trade dress, as well as unfair competition
and trademark dilution. The design in question, dubbed “Stace Face” by
Alice + Olivia, depicts a stylized take on Bendet’s hallmark look,
sporting red lips and large sunglasses with round gray lenses.

Alice + Olivia believes that Betsey Johnson has been selling a line
of handbags that bear a design that is too similar to “Stace Face,”
which is protected by federal copyright and trademark law. Alice +
Olivia has featured the design in products, ad campaigns and social
media imagery. The brand sent a cease and desist motion to Betsey
Johnson earlier this year after first learning of its use of the
design.

In the lawsuit, the brand claims that it has exclusive rights to
the design, particularly because Bendet’s “well-known name and
likeness are inexorably associated with [Alice + Olivia].” Trademark
cases are quite common amongst fashion brands, however the question of
the rights to a designer’s face is a unique case.