Two fashion startups argue over which one is the most fabulous.
This legal battle is absolutely fabulous!
Just Fabulous, the company behind online fashion site JustFab.com, has sued white-hot e-commerce site Fab.com. Just Fabulous claims that Fab.com is infringing its Just Fab marks.
The two sites are heavyweights. JustFab.com has raised over $100 million. Fab.com has raised over $300 million.
Fab.com started as a social networking site, but later changed directions and acquired the domain name Fab.com.
Just Fab alleges:
Just Fab is informed and believes, and on that basis avers, that in adopting the FAB mark for its website, Fab.com intended to appropriate and trade off Just Fab’s goodwill, and the reputation and selling power of its JUST FAB marks, including by capturing initial consumer attention and the resulting marketplace confusion.
The company is not asking for the Fab.com domain name, but wants Fab.com to be restricted from selling any sort of clothing or accessories “under or in connection with any trade name, trademark, service mark, Internet domain name or other designation of origin that is comprised in whole or in part, of the JUST FAB or JustFab.com marks or names, or any terms, designs or styles confusingly similar thereto;”
In other words – you can sell these products, but not on Fab.com.
You can review the lawsuit here (pdf).
I am surprised Fab.com didn’t sue JustFab.com first because it is clear by looking at the archives that Just Fab was formerly known as Just Fabulous and used the domain JustFabulous.com and when Fab.com went live and gained so much attention and popularity that Just Fabulous decided to drop the long name and use Just Fab and ride the coat tails of the much more popular Fab.com . Interesting to see how this plays out.
Hey maybe the “I can’t believe it’s not butter guy” Fabio should send his name in the mix. I mean fabio regged in 98 may have a case lol
Justfab is profitable. IFab.com is losing over 10 million dollars a month, sales are behind the period one year ago, and Fab’s owners Shellhammer and Goldberg are using investor money to live a lavish lifestyle and have already withdrawn millions by cashing out.
fab.com sucks. You can get everything they have on amazon and almost always cheaper, faster delivery, and amazon has a much better return policy.