FASHION LAW: ABBVIE LAWSUIT AGAINST BOUTIQUE CLOTHIER, BRIAN LICTENBERG & KITSON

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Should clothing explicitly endorse drug use by promoting the “popping of pills” as the cool new trend? This is the question being asked by law professionals that falls on the heels of last November’s lawsuit brought on by bio-pharmaceutical bigwig Abbvie Inc. against clothing boutique Kitson. Abbvie hopes to stop the production and sale of jerseys and sweatshirts created by Kitson which display the words “Vicodin,” “Xanax,” or “Adderall” across the back.

Kitson runs a slew of chic fashion boutiques under the company A-list Inc. Fashion designer Brian Lichtenberg is now being slammed in court for infringing on the Vicodin trademark and promoting irresponsible drug use. Kitson launched their “designer drug” apparel line in late August 2013 with storefront window displays with the promotional slogan, “Just What the Doctor Ordered.”

Vicodin, a drug only available via prescription that is intended to relieve moderate to severe pain, was released in 1978 by Knoll Pharmaceuticals, was later acquired by Abbott Laboratories. AbbVie then acquired Abbott in 2001.

Abbvie says that these clothes displaying prescription drugs names, including Vicodin, violate the Vicodin trademark and “confuse the public into believing that AbbVie is capitalizing on prescription drug abuse—behavior that tragically claims the lives of thousands annually.”

The bio-pharmaceutical company is now seeking an injunction and an unspecified monetary award that will be donated in its entirety to prescription drug abuse outreach and educational programs.

Text reference via ABC News and Courthouse

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