An Aspen ski resort has sued a UK designer for sending influencers to the slopes to “falsely associate” themselves with the brand in order to “gain a reputation,” a lawsuit reveals.
Aspen Skiing Co. (ASC) filed suit against Perfect Moment on Dec. 20 for federal trademark infringement, unfair competition, false association and/or false endorsement, misleading trade practices, unjust enrichment and misappropriation of business value.
Perfect Moment, a luxury ski wear brand, allegedly sent influencers to model their high-cut haircuts on the ASC slopes and inside their resorts without the company’s permission, the resort said in a complaint, seen by The Post.
The dispute began in March 2021 when the brand posted photos of female influencers wearing its products on the company’s ski lifts and slopes. The ski resort sent a cease and desist letter to the designer company and Perfect Moment shot most of the photos.
The relationship between the two companies went well for more than two years, but after Perfect Moment posted photos from inside the ASPENX Beach Club – with a $450 admission fee – the ski resort sued.
Aspen Skiing Co. filed suit against Perfect Moment for sending influencers to its slopes to “get a reputation” and attribute the ski brand’s high-end fame. It points to several social media posts, including this one, to show how the UK brand is allegedly using their resort without permission. Most of the images have been deleted from their social media. @perfectmomentsports The ski resort includes a collection of images, in pictures, that are said to be using its location to advertise their brand in the lawsuit. The dispute began in March 2021 when the brand posted photos of female influencers wearing its products on the company’s ski lifts and slopes. They have been sent a cease and desist letter. Perfect Moment LTD.
“Perfect Moment hired at least one model and/or influencer to attend Aspen Skiing Company’s ASPENX Beach Club experience wearing Perfect Moment clothing for the purpose of being photographed creating the infringing clothing,” the complaint reads.
The model is seen wearing a $790 jacket and $190 leggings from Perfect Moment in the photo.
“Instead of building that reputation and goodwill through its own product line, Perfect Moment attempted to appropriate ASC’s world-renowned reputation and goodwill by deliberately and falsely associating itself with ASC’s resorts, ASC’s trademarks and ASC’s iconic ASPENX BEACH CLUB experience,” accused ASC. in the complaint.
Additionally, Perfect Moment began selling ski wear featuring the ASC image in October 2023.
The ASC sent a second cease and desist letter, demanding that the position be taken down. It still remains on the page, prompting the ski resort’s owner to file a federal lawsuit.
The relationship soured again in October 2023 when they sent another letter after the company had the influence depicted in their $450 beach club and sold appeals with their slopes on it. Instagram/@bambilegit “Instead of building that reputation and goodwill through its own product line, Perfect Moment attempted to appropriate ASC’s world-renowned reputation and goodwill by intentionally and falsely associating itself with ASC resorts, ASC trademarks and ASC’s iconic ASPENX BEACH CLUB experience ,” accused ASC in the complaint. TikTok/@perfectmomentsport
The ski resort also said Perfect Moment’s “false association” with them had caused financial losses because they also sold ski clothing.
“Perfect Moment has competed unfairly with ASC by creating the impression among relevant consumers that the goods offered by Perfect Moment are licensed by, sponsored by, originated, endorsed by, and/or otherwise affiliated with ASC, or the sources of goods that offered and sold by Perfect Moment is associated with or associated with ASC, when Perfect Moment merchandise has no affiliation or authorization from ASC,” he wrote.
“Perfect Moment committed this act knowingly, and with the intent to deceive consumers and cause confusion, error and consumer fraud.”
ASC is owned by 98-year-old businessman from Chicago, Lester Crown, and his family, according to The Denver Post.
The company operates Aspen Mountain, Aspen Highlands, Buttermilk and Snowmass ski areas.
The New York Post has reached out to Perfect Moment for comment.
ASC told The Post it “does not comment on active litigation.”
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Source: thtrangdai.edu.vn/en/
