A luxury ski resort in Colorado is suing a British clothing brand for “falsely associating” itself with the location in order to “gain a reputation”.
The Aspen Skiing Company (ASC) has brought a lawsuit against London-based designer Perfect Moment, accusing the company of “deceiving” customers into believing that the two were affiliated.
The fashion brand allegedly sent influencers to the resort – which costs up to $450 per day – to model its apparel on its slopes without permission. It later produced a line of clothing with images of ASC on them.
The suit 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 began in March 2021 when Perfect Moment posted photos of female influencers wearing its products on the company’s ski lifts and slopes.
The ski resort sent the company a cease-and-desist letter and Perfect Moment took “some but not all” of the photos down. Two years later, the brand tried again.
“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 complaint read.
“Rather than building that reputation and goodwill through its own product line, Perfect Moment attempts to appropriate ASC’s world-renowned reputation and goodwill by intentionally and falsely associating itself with ASC’s resorts, ASC’s trademarks, and ASC’s iconic ASPENX Beach Club experience.
“Perfect Moment’s attempt to trade on ASC’s reputation and goodwill deceives consumers into believing that Perfect Moment is affiliated with or endorsed by ASC, causing ASC both monetary and reputational damage.”
A second cease-and-desist letter was sent by the resort in October 2023, which demanded that posts referencing the Beach Club resort be taken down. It also demanded removal of pictures of clothing featuring ASC.
The suit added: “Perfect Moment has unfairly competed with ASC by creating the impression among relevant consumers that the goods offered by Perfect Moment are licensed by, sponsored by, originated with, endorsed by, and/or are otherwise affiliated with ASC, or that the sources of the goods offered and sold by Perfect Moment are affiliated with or associated with ASC, when Perfect Moment’s goods have no connection with or authorization from ASC.
“Perfect Moment committed these acts willfully, and with intent to deceive consumers and cause consumer confusion, mistake, and deception.”
The Independent has approached Perfect Moment and ASC for comment.
