Nordstrom sues flash sales site NoMoreRack
Monday, October 22nd, 2012
Retailer claims flash sales site is infringing its marks.
Retailing giant Nordstrom has sued flash sales site NoMoreRack.com, claiming the site’s brand and domain name infringe its trademarks (pdf).
Nordstrom owns 110 “The Rack” stores, which are essentially its outlet stores. It has trademarks for “Rack” and “The Rack”.
NoMoreRack.com is a flash sales site, offering limited time closeout sales. According to this article, it generated $46 million in revenue the first half of 2012.
Nordstrom says it became aware of the site earlier this year and put the company on notice of its alleged infringement.
The company alleges that NoMoreRack.com named its business to take advantage of Nordstrom’s famous mark:
Nordstrom is informed and believes and on that basis alleges that defendants knew when they began to operate the NoMoreRack Site that Nordstrom had invested over four decades of time, effort and money into developing in the Rack Marks a reputation for excellent customer service and quality discount merchandise. NoMoreRack’s business did not have a brand identity that could possibly attract such high levels of customer goodwill and name association. Thus, rather than develop goodwill in independently created trademarks, NoMoreRack simply misappropriated The Rack’s hard-won reputation.
Nordstrom is suing for trademark infringement, trademark dilution, and violation of the anticybersquatting consumer protection act. Among its demands is that the defendant’s NoMoreRack.com and FriendRack.com domain names be transferred to Nordstrom.
Completly opposite meaning, “no more rack” != “rack” or “the rack”.
Sounds like a good fight.
The local Mall of America store is called Nordstrom Rack, not “The Rack”. Maybe they’re called “The Rack” in other locations?
It is my opinion that this name does not rise to the level of “confusingly similar,” which is one of the three criteria evaluated for a successful complainant UDRP action.
While it uses the actual TM’d name “Rack,” the qualifying term “NoMore” differentiates the name. Although, “NotThe” would have been more definitive.
It will be interesting to see how this one plays out. Thanks!
I’m sorry I didn’t realize Nordstrom owned the word “Rack”. I think Nordstrom is being petty.
Nordstrom has built the “Rack” brand to be synonymous with off price. This name is an obvious play trying to leverage off that brand value. Why else do you think they named it “NoMoreRACK”?
NoMoreR should aggressively and immediately change its name before Nordstrom and its legal team own them.
with how bad nomorerack is ripping people off, maybe this will slow them down.
“Nordstrom has built the “Rack” brand to be synonymous with off price.”
That’s complete nonsense, Bob. “Off the rack” is a common reference to non-tailored clothing, and its use in the clothing industry has spilled over to “rack rates” in the hotel industry in reference to default pricing.
Nordstroms is just jealous. Nomorerack means nomorerack, not Nordstroms.