Authentic Brands Group (ABG), the licensing arm of Marilyn’s estate, is suing a clothing company for copyright infringement over a lingerie line, reports IP Watchdog. (This is not to be confused with Marilyn Monroe Envy, an officially approved franchise, which was launched by ABG in 2014.)
“Defendant Fashion Central is a New York City-based manufacturer and wholesaler of intimate apparel, which includes undergarments. In their undergarment packaging, tags, and other branding, defendant utilized Marilyn Monroe’s image alongside phrases that alluded to famous quotes by Ms. Monroe. The defendant does not have a license to use Marilyn Monroe’s likeness or to use the registered trademarks for marketing/branding purposes.
On August 8, 2016, plaintiff became aware of defendant’s unauthorized use of the Marilyn Monroe marks and likeness and sent a cease and desist letter. Defendant continued with their allegedly unauthorized activities, leading to the filing of the complaint that starts this legal dispute. It is worth noting, however, that the defendant did not use the name Marilyn Monroe in any of its marketing, packaging, or other branding. Any association to Marilyn Monroe is based solely on defendant’s use of her visual likeness.
The fact that the Marilyn Monroe name does not appear on any of defendant’s potentially infringing products does not mean there is not a viable trademark infringement case or theory … According to the plaintiff, the Marilyn Monroe trademarks are highly recognizable and distinctive due to her enduring fame. Therefore, both federal and state law dilution claims have also been brought against the defendant.”