Backpack battle: Colorado’s Osprey sues California retailer over branding
Cortez-based company accuses California’s Aether of violating its trademark
A California clothing company is ripping off Colorado outdoor gear maker Osprey’s branding in violation of a trademark agreement between the two companies, Osprey claimed in a federal lawsuit filed Monday.
The company, which is headquartered in Cortez and makes hiking packs and gear, claims the California company, Aether, is selling Aether-branded backpacks despite a 2019 agreement between the two companies that it would not do so. Osprey has used “Aether” to brand its backpacks for more than two decades, the complaint says.
“Osprey has invested a substantial amount of time, money and effort to promote and advertise its backpacks under the Aether mark, and as a result, Osprey has built substantial goodwill and customer recognition in its Aether brand,” the complaint reads.
Aether is not a registered trademark, the lawsuit says, but is in the process of being approved as such.
The backpacks that Aether sells do not appear to be designed as hiking packs, but rather as smaller bookbags or commuter bags, photos included in the complaint show.
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