A luxury ski resort company is suing a British designer for sending influencers to model their clothes on the slopes and heavily associating their brand with the resort without permission.
Aspen Skiing Company – known locally as Ski Co – filed another lawsuit against designer brand Perfect Moment on December 20.
The lawsuit includes seven counts, including federal trademark infringement, unfair competition, false association and/or false endorsement, deceptive trade practices, unjust enrichment and misappropriation of business value.
Ski Co claims that the British fashion group continually associates their brand with ASC resorts to capitalize on the ski company's world-renowned reputation.
“Perfect Moment is a ski apparel company seeking to establish a reputation for luxury lifestyle goods,” the lawsuit alleges.
Aspen Skiing Company – known locally as Ski Co – filed a lawsuit against designer brand Perfect Moment on December 20
ASC also fires at Perfect Moment for sending influencers to the resort to model their clothes on the slopes and promote the London-based fashion designer's products on social media
Ski Co claims the British fashion group continually associates their brand with ASC resorts to capitalize on the ski company's world-renowned reputation
“Perfect Moment is a ski apparel company seeking to establish a reputation for luxury lifestyle goods,” the lawsuit alleges.
The British company has worked with many big names, including TikTok star Alix Earle (pictured), Instagram influencer Shea Marie, TikTok's Jack Wright, The Bachelorette's Tyler Cameron and even Mariah Carey
“Rather than building that reputation and goodwill through its own product line, Perfect Moment is attempting to usurp ASC's world-renowned reputation and goodwill by deliberately and falsely associating itself with ASC's resorts, ASC's trademarks and iconic ASPENX BEACH CLUB experience from ASC.”
The legal documents accuse Perfect Moment of misleading customers into believing the brand is affiliated or endorsed by ASC – which allegedly caused “monetary and reputational harm” to ASC.
In October, Perfect Moment posted photos of the ASPENX Beach Club, a resort hotspot where tickets cost as much as $450 and guests can expect bottle service, celebrity DJs and breathtaking views of Aspen Mountain.
The photos, which continue to appear on social media, showed a $790 jacket with a photo of the club on the design.
The jacket comes with a pair of matching leggings. ASC called the nearly $1,000 set “the infringing clothing” in the lawsuit.
ASC is also firing back at Perfect Moment for sending influencers to the resort to model their clothes on the slopes to promote the London-based fashion designer's products on social media.
None of the influencers are named as defendants in the lawsuit
The British company has worked with many big names, including TikTok star Alix Earle, Instagram influencer Shea Marie, TikTok's Jack Wright, The Bachelorette's Tyler Cameron and even Mariah Carey.
None of the influencers are named as defendants in the lawsuit.
“Based on information and belief, Perfect Moment contacted and hired one or more of the social media influencers depicted in the first series of infringing social media posts to visit one or more of the ASC resorts with the intent of purpose of promoting and/or advertising Perfect Moment apparel,” the lawsuit states.
Aspen Skiing Company is owned by 98-year-old Chicago businessman Lester Crown and his family
The conflict between the two companies has been going on since March 2021, when Perfect Moment uploaded a photo of female influencers modeling their clothes on the slopes of Aspen's exclusive club.
When ASC saw the photos, they sent a cease and desist order to Perfect Moment, which resulted in some of the photos being removed.
The lawsuit seeks a jury trial between Perfect Moment and the plaintiff ASC.
The company also requests that all their clothing with ASC-inspired designs be destroyed.
Aspen Skiing Company is owned by 98-year-old Chicago businessman Lester Crown and his family.
The family-owned business operates the Aspen Mountain, Aspen Highlands, Buttermilk and Snowmass ski areas.