Aspen Ski Resort Sues UK Designer To Keep Influencers Off The Slopes

Aspen Ski Resort Sues UK Designer To Keep Influencers Off The Slopes

An Aspen ski resort has sued a UK designer for sending influencers to the slopes to “falsely associate” themselves with the brand to “gain reputation,” a lawsuit revealed.

Aspen Skiing Co. (ASC) filed a suit against Perfect Moment on Dec. 20 for federal trademark infringement, unfair competition, false association and/or false endorsement, deceptive trade practices, unjust enrichment and misappropriation of business value.

Perfect Moment, a luxury skiwear brand, has allegedly been sending influencers to model their highbrow pieces on ASC’s slopes and inside their resort without the company’s permission, the resort said in a complaint, viewed by The Post.

The dispute started in March 2021 when the brand posted photos of female influencers wearing its products on the company’s ski lifts and slopes. The skiing resort sent the designer company a cease-and-desist letter and Perfect Moment took most of the photos down.

The relationship between the two companies went smoothly for more than two years, but after Perfect Moment posted photos from inside the ASPENX Beach Club — where admission cost $450 — the ski resort sued.

“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.

The model was seen wearing a $790 jacket and $190 leggings from Perfect Moment in the photo.

“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 accused in the complaint.

In addition, Perfect Moment began selling skiwear featuring images of ASC in October 2023.

ASC sent a second cease-and-desist letter, demanding the posts be taken down. It still remains on the page, causing the ski resort owner to file a federal lawsuit.

The ski resort also said Perfect Moment’s “false association” with them has caused them financial harm as they also sell ski apparel.

“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,” it wrote.

“Perfect Moment committed these acts willfully, and with intent to deceive consumers and cause consumer confusion, mistake, and deception.”

 

By: Alyssa Guzman I New York Post I December 27, 2023


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