Vix Settles Target Dispute
San Diego-based contemporary swimwear maker Vix Swimwear Inc. has reached a private settlement with Minneapolis-based Target Corp. regarding a trademark- and copyright-infringement dispute over a Target advertisement that featured a swimsuit bearing the swimwear company’s name. Spokespeople at Vix and Target said the terms of the settlement will remain confidential.
In late January, Target ran a national swimwear ad that featured a swimsuit called “vix” in Marie Claire, Glamour and Lucky magazines.
In a cease-and-desist letter dated Feb. 7, Vix accused the retailer of committing trademark and copyright infringement.
The letter, drawn up by Vix’s counsel, further stated: “We are not a big company.hellip; We have worked hard to establish a name that is synonymous with our uniquely designed and expertly made suits. As a result, Target’s misappropriations of our design and name/mark pose catastrophic consequences for us.”
New York-based InMocean—a privately held swimwear manufacturer that holds a licensing agreement with Target to produce private- label swimwear for Xhilaration, the retailer’s in-house juniors brand—produced the swimsuit in question. The company declined to comment for this article.
Under similar circumstances, some small apparel companies spend much time and money fighting large corporations to determine rights to trademarks and copyright. However, both parties in the Target-Vix case agreed that Xhilaration’s “vix,” part of the label’s Spring 2003 collection, only bears a shadow of resemblance to Vix’s “Naturale” swimsuit, which was featured in the company’s Cruise 2002 collection, according to Vix sales and marketing director Amber Delecce.
Vix’s “Naturale” suit, made from a South American polyamide/- elastane fabric, has a side-tie bottom and a bikini top with raffia embroidery details. InMocean’s suit for Xhilaration features a bikini top and a boy-short bottom made with a Lycra blend. The bikini tops of the swimsuits have a similar placement pattern of flower details.
“Side by side, there is no way to confuse the two because there is a clear difference in the quality of fabrication,” Delecce said.
Roughly 10,000 of the swimsuits in question have already been produced and shipped to Target stores, according to Delecce, who said the company is not demanding that the suits be recalled from Target stores.
“Target’s efforts were to resolve this matter quickly, and they accepted full responsibility for what they said was a mistake,” Delecce said.
Vix swimwear was founded by designer Paula Hermanny in 1998 and quickly made a name for itself as a stylish, contemporary swim line at better department stores and specialty retailers. The suits retail for $100.
The company produces only about 300 pieces per style each season because each suit requires intricate details such as top-stitching and embellishments, Delecce said.
That attention to detail sets the line apart from copycats and draws retailers to the collection, she added.
“We don’t want consumers who have heard great things about our line to get it confused with some other suit that is being advertised nationally,” Delecce said. —Claudia Figueroa
