California Trademark Attorney® Blog

The Trademark Fight for "Fab" Between Online Retailers Heads to Court

August 2, 2013

belt-buckle.jpgCalifornia - Online commerce retailers Fab.com, Inc. and Just Fabulous, Inc. are facing off in federal court over rights to the trademark "Fab."

Just Fabulous filed its complaint against Fab.com on July 24 in U.S. District Court in the Central District of California. While both companies are incorporated in Delaware, Just Fabulous is headquartered in El Segundo, Calif., which is within the boundaries of California's Central Court District.

JustFab.com, operated by Just Fabulous, Inc., holds a family of trademarks containing the words "Fab" and "Fabulous" in relation to apparel. The company began use of "Just Fab" in July 2010.

The company is headed by television personality Kimora Lee Simmons, previously known for her management of Baby Phat, a popular fashion brand. Just Fabulous, which now goes by JustFab, offers a personalized online shopping experience for a membership fee of $39.95 per month.

In 2011, Fab.com introduced its online marketplace of apparel and household goods at discount prices, which requires membership at the site to make purchases. In its complaint, Just Fabulous argued that Fab.com's member-based business model was too similar to JustFab.com's and would lead consumers to a likelihood of confusion.

Fab.com holds multiple trademark registrations for the word "Fab" as an element of its logo design. The company began use of the trademark in interstate commerce in March 2011. It has also applied for a number of trademarks featuring the word "Fab," including "Fab Designed by You" and "Fab, Authenticity, Guaranteed."

JustFab has also filed oppositions against two recently published Fab.com trademark applications for "Fab Deals" and Fab.com's logo, "Fab." The logo features the word "Fab" in a dark box with a heart in the bottom right corner. The oppositions will likely be suspended pending a resolution in the civil case.

In the complaint, JustFab demands a jury trial to argue its claims of trademark infringement as well as unfair competition. The company claims that Fab.com's use of the "Fab" trademark has damaged Just Fabulous' business and diminished its brand. The company is seeking payment for damages and legal costs.