FUTURELIGHT'S FUTURE DARKENS: A GRAFFITI ARTIST SUES THE NORTH FACE FOR TRADEMARK INFRINGEMENT

*** The writing does not, and is not intended to, constitute legal advice by any means***

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Source: The North Face official website

In 2019, The North Face launched a new line of outdoor apparel named "FUTURELIGHT". Advertised as "our most advanced breathable-waterproof outwear technology", the line highlighted its state-of-the-art functionality with an "atom-shaped" logo, which has now just become the subject of a trademark infringement lawsuit. Leonard Hilton McGurr (known as Futura), an American graffiti artist, filed a complaint in the United States District Court for the Central District of California, leveling an accusation that The North Face appropriated his signature logo without authorization. Futura seems to be especially bothered by the fact that he has actually collaborated with The North Face before. Infringement lawsuits in connection with logo designs and illustrations surface quite frequently, both in copyright and trademark. (Spoiler alert: my next interview guest is a famed illustrator who has collaborated with various fashion brands!) 

Futura's "atom-like" graffiti work

In the complaint, Futura makes it explicit clear that The North Face has never reached out to him for permission. Furthermore, "FUTURELIGHT" is evocative of Futura, the artist's professional moniker. He specifically points out the following: "If their logo weren't enough to conjure Futura in the mind of a consumer, [The North Face] call [its] new apparel line 'FUTURELIGHT'. In other words, the similarity of the graphic designs and the names is no coincidence." In other words, even a probing consumer might be tricked into thinking that Futura is involved in or associated with the creation of FUTURELIGHT. Futura is asking the court to grant an injunction that will bar The North Face from using his graphic work. He is also seeking an award of compensatory and punitive damages, although the complaint does not specify the exact sum. As some of you are already familiar at this point, punitive, or exemplary, damages can be awarded as a remedy if a judge or a jury finds that the infringer acted willfully. That's precisely why the complaint emphasizes that "[The North Face] purposefully (emphasis mine) invoked [Futura] in order to suggest an association." The Lanham Act provides the relevant statutory basis for requesting so. See 15 U.S. Code § 1117.

Fashion brands have enlisted the help of artists for both aesthetic and promotional purposes. Just a couple of days ago, Silvia Venturini Fendi invited Noel Fielding, a British artist, to create a colorful graphic design, which was seamlessly incorporated into Fendi's latest menswear collection. In this case, given that Futura has collaborated with the likes of Off-White and BMW, he has a reputational and marketable currency that's translatable into dollars. The North Face has not yet released any statement other than saying that it cannot comment on an on-going lawsuit. We'll have to wait for The North Face to submit a reply to the complaint. A lesson to be gleaned? The importance of seeking and obtaining an artist's permission cannot be overstated to prospectively avoid getting mired in litigation. For now, it seems like FUTURELIGHT's future might not be beaming with light.