Utah-based retailer of outdoor and mountaineering gear has filed a federal lawsuit against L.L. Bean, alleging that its recent marketing campaign slogan, “Be an Outsider,” infringes on a trademark registered in August.
Alfwear, which sells outdoor clothing under the name KÜHL, claimed in its Oct. 2 suit that it has been using the phrase “the outsider” in its sales of outdoor clothing since 2015, and that L.L. Bean’s recent marketing campaign using the phrase “Be an Outsider” infringes on its trademark.
“Bean’s actions are likely to lead the public to incorrectly conclude that Bean’s goods or services originate with, or are authorized by, Alfwear, which will damage both Alfwear and the public,” the suit said.
The Murray, Utah-based company has demanded L.L. Bean cease and desist its use of the phrase in sales of outdoor clothing.
The company claims loss of sales and profits and asks for L.L. Bean to pay damages and attorneys’ fees.
L.L. Bean started a new marketing campaign in September that focuses on its long tradition of embracing fishing, hunting and other outdoor activities. Its “Be an Outsider” campaign is a return to the core business of the 105-year-old company.
The company did not respond immediately to a request for comment.