St. Louis Thrift Store Chain Sues Luxury Streetwear Shop for Trademark Infringement
Found by the Pound Claims Confusion and Dilution of Brand
A small chain of thrift stores based in St. Louis is taking legal action against a luxury streetwear shop at City Foundry in Midtown. The thrift store chain, Found by the Pound, argues that the new shop, Found Fashion, is causing confusion among shoppers and diluting their brand.
The main issue at hand is the use of the word “found.” Found by the Pound has been operating second-hand stores in the area since 2016 and has trademarked the word for their use. However, Found Fashion, which opened in September, also prominently displays the word on its storefront.
Found by the Pound is seeking damages and an injunction to stop Found Fashion from using the word “found.” They argue that the use of the word by the luxury streetwear shop is causing confusion among shoppers and diminishing the value of their brand.
Confusion Among Shoppers
According to the lawsuit, shoppers have already been confused by the new shop. Many have congratulated Found by the Pound on opening their fourth location, not realizing that Found Fashion is a separate entity.
Found by the Pound claims to have “federal and common law rights” to the trademark for the use of the word “found.” They have sold thousands of tote bags and stickers with the branding and argue that it has now been diminished in value.
Previous Legal Action
This is not the first time a St. Louis-based company has faced legal action over the use of a trademark. Earlier this year, Mission Taco Joint was sued by the company that sells Mission-branded tortillas and chips. The suit was settled earlier this month.
The lawsuit was filed by R. Emmett McAuliffe of Riezman Berger. Found by the Pound’s attorney reached out to Found Fashion’s legal counsel in September, but they denied any infringement. The thrift store chain then filed the lawsuit on Friday.
The dispute between Found by the Pound and Found Fashion highlights the importance of trademark protection and the potential consequences of trademark infringement. The outcome of this lawsuit will have implications for both companies and could set a precedent for future cases.