North Face settles trademark dispute with renowned graffiti artist - Reuters

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A U.S. freeskier unveils the official competition uniform designed by North Face for the U.S. Freeskiing Team at the Olympic Winter Games PyeongChang 2018. REUTERS/Brendan McDermid

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• Summary
• Law firms
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• North Face accused of using 'atom' symbol without permission
• Artist Futura helped pioneer street art in New York

(Reuters) - The North Face Apparel Corp has resolved claims that it misused street artist Leonard McGurr's signature "atom" symbol as a logo for a clothing line without his permission, according to filings in Los Angeles federal court.

The parties told the court Thursday that they settled, and U.S. District Judge Stanley Blumenfeld preliminarily dismissed the case on Friday.

Details of the settlement were not available, and Denver-based North Face and the parties' attorneys did not immediately respond to requests for comment.

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McGurr, who is professionally known as Futura, pioneered street art in New York along with artists like Jean-Michel Basquiat and Keith Haring. He sued North Face last year for allegedly copying his atom symbol for its "FutureLight" waterproof outerwear line.

Futura also said in the lawsuit that he has collaborated on branded apparel with companies including North Face's Japanese division and its fellow VF Corp-owned brand Supreme.

Blumenfeld rejected Futura's federal trademark claims last year after finding the atom was not entitled to trademark protection. But the judge allowed the artist's claim that North Face competed unfairly under California law to continue, finding North Face's use of an atom logo with a brand name similar to Futura's could confuse consumers.

The case is McGurr v. North Face Apparel Corp, U.S. District Court for the Central District of California, No. 2:21-cv-00269.

For Futura: David Erikson of Erikson Law Group, Jeffrey Gluck of Gluck Law Firm

For North Face: David Donoghue and Anthony Fuga of Holland & Knight

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North Face escapes graffiti artist’s ‘atom’ trademark claims

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Our Standards: The Thomson Reuters Trust Principles.

Blake Brittain

Thomson Reuters

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at blake.brittain@thomsonreuters.com

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