Judge Rules Against Robert G. Lopez in Lower East Side Trademark Spat

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The judge wasn’t in his corner this time around, instead ruling in favor of the defendant.

Robert G. Lopez has been on the front lines defending his Lower East Side trademark these last few years with a fairly successful track record (Aeropostale, Urban Outfitters, J. Crew). One of the more recent cases, the one against Gap Inc. over some Old Navy tees, didn’t quite work in his favor.

U.S. District Judge Paul A. Engelmayer granted Gap’s motion for summary judgement in the case, stating that Lopez “did not prove a likelihood of confusion between the two shirts that Old Navy was selling and the Lower East Side Co. products.”

When reached for comment, Lopez intimated that he’s not going down without a fight and plans to appeal the judgement. “This will not deter my efforts of enforcing my rights in the marks,” he said. “In the event that consumers are lead to believe that my products are endorsed by any other company or vice versa, then I will do what is necessary to have my day in Court.”

Meanwhile, the lawsuit against Macy’s is still pending.

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