Hanesbrands Inc., Winston-Salem, N.C., filed a lawsuit against Gildan Activewear, Montreal, Canada, alleging its competitor infringed on the trademarked X-TEMP moisture-wicking name and logo.
Hanes wants the court to prohibit Gildan from using “Tempfx,” which Hanes claims is “confusingly similar in sight, sound and commercial impression” to its “X-TEMP” moisture-wicking socks, T-shirts and underwear, according to the lawsuit filed in federal court Dec. 5. Hanes also is seeking to recover damages for the infringing activities and/or an accounting of sales for Gildan’s Tempfx products.
“[Gildan’s] use of the Tempfx mark for goods identical to those of [Hanes] is likely to cause consumers to be mistaken, confused or deceived into thinking that [Gildan’s] T-shirts originate from, are associated or affiliated with, or are sponsored or endorsed by [Hanes], or share the same qualities as [Hanes’] T-shirts and other apparel sold under the X-TEMP mark,” Hanes said in the lawsuit.
Hanes has requested a jury trial.
“[Gildan] will continue to infringe [Hanes’] X-TEMP mark unless and until they are enjoined from doing so by this court,” Hanes said in the lawsuit.
Hanes began selling X-TEMP products in July 2012, utilizing TV commercials with Michael Jordan, a social media campaign with Vine sensation Logan Paul and online advertising to promote the products, which are available at various retail and online outlets. X-TEMP was trademarked Aug. 6, 2013.
It is believed, accorrding to the lawsuit, that Gildan—which also sells under retail brands Goldtoe, Silks, Secret, Kushyfoot and Therapy Plus, as well as Anvil for promotional products—began selling T-shirts with Tempfx in early 2014—after Hanes debuted X-TEMP. While Gildan filed for the Tempfx trademark in 2005 and 2009, the U.S. Patent and Trademark Office (USPTO) abandoned those marks when Gildan failed to file the statement of use, according to the lawsuit. It again applied for a Tempfx trademark Oct. 13, 2013. Hanes filed opposition to the USPTO’s Trademark Trial and Appeal Board, asking the application be refused. On Oct. 23, 2014, Gildan filed an answer to the opposition, which is pending before the board, and six days later filed an additional trademark request for Tempfx.
“[Gildan companies] were aware of, and seeking to free ride on, the success of [Hanes’] X-TEMP apparel products when [Gildan] decided to use the Tempfx mark in connection with apparel products identical to those sold under the X-TEMP mark,” Hanes said in the lawsuit.
