Aspen Skiing Co. (ASC) filed a lawsuit against Perfect Moment, the U.K.-based skiwear brand, for sending influencers to its four resorts to “falsely associate” themselves with the brand to “gain reputation” without permission.
The federal suit, filed in the U.S. District Court for the District of Colorado, alleges “trademark infringement, false association and/or false endorsement, and unfair competition” against Perfect Moment, founded in 1984.
According to the lawsuit, the conflict kicked off in March 2021 when Perfect Moment first posted photos on Instagram “liberally using and displaying certain distinguishing characteristics of the ASC resorts,” including its ski areas and lifts. According to the suit, ASC sent a cease-and-desist letter that same month, after that Perfect Moment removed “some, but not all,” of the posts.
The dispute intensified in October 2023, when the brand began selling apparel that features images of Ski Co’s ASPENX Beach Club.
“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 to be photographed to create the infringing apparel,” the complaint reads.
The model wore a $790 jacket and $190 leggings from Perfect Moment in the photo. In addition, Perfect Moment began selling skiwear featuring images of ASC in October 2023.
“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,” ASC stated in the complaint.
Aspen requests that Perfect Moment stop further infringement and asks for compensatory damages. The company is seeking a jury trial.
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