Clothing designer Joseph Abboud will have to take a low-key approach if he wants to use his name to promote his new fashions.
The men’s apparel designer, who has waged a lengthy legal battle to use his trademark despite selling it in 2000 for $65.5 million, will be able to use his name in promotional materials for his merchandise — but only on a very limited basis, according to a federal judge’s ruling this week.
Separately yesterday, sources said Abboud was close to being named a creative adviser for Hartmarx, the Chicago-based maker of Hart Schaffner Marx and Hickey Freeman.
New York-based JA Apparel, which has owned the Joseph Abboud label since 2004, declared victory in the court case, saying the restrictions for Abboud “are so rigid that we consider these rights to be of very limited value.”
Abboud can use his name in ads for his own merchandise, but only inside of a sentence in relatively fine print that’s paired with a disclaimer indicating he doesn’t own his trademark.
Meanwhile, Abboud will be barred from putting his name on the clothing itself, or on tags or any packaging for products he designs, the judge ruled.
Despite the constraints, Abboud was “very pleased with the decision,” said his lawyer, Randy Lipsitz of Kramer Levin.