Aspen Skiing Company — which has been in business for roughly 75 years, according to the suit — owns four local resorts. It also vends its own ski apparel and hosts exclusive events, such as an on-mountain DJ party dubbed the AspenX Beach Club experience, where admission ranges from $50 to $450.
The federal suit, filed last week, alleges “trademark infringement, false association and/or false endorsement, and unfair competition” against London-based Perfect Moment, which was founded in 1984 and vends ski apparel and other items for women, men, and kids.
The conflict kicked off in March 2021, according to the suit, when Perfect Moment first posted photos on its social channels “liberally using and displaying certain distinguishing characteristics of the ASC resorts,” including its ski areas and lifts. ASC sent a cease-and-desist letter that same month, according to the suit, whereupon Perfect Moment removed “some but not all” of the posts.
But things kicked up again this October, when ASC alleged Perfect Moment began to not only post photos on social media set on ASC property, but also to sell clothing — including jackets, zip-ups, and leggings — that were emblazoned with images of the AspenX Beach Club experience, which is distinguished by its red and white striped cabanas, beach chairs, DJ station, and bar.
“Rather than building that reputation and goodwill through its own product line, Perfect Moment attempts to appropriate ASC’s world-renowned reputation and goodwill by intentionally and falsely associating itself with ASC’s resorts, ASC’s trademarks, and ASC’s iconic ApenX Beach Club experience,” the suit stated.
On October 21, ASC said it sent another cease-and-desist letter demanding the removal of the photos of the Beach Club and the cease of the sale of the aforementioned clothes.
Without resolution, it filed suit on December 20, demanding a jury trial. ASC is requesting that Perfect Moment stop any further infringement and deliver all infringing materials. It is also asking for compensation for profits incurred by Perfect Moment as well as unspecified damages and attorneys’ fees. When reached, Jeff Hanle, ASC’s VP of communications, told Business Insider, “We do not comment on active litigation.”
Perfect Moment did not immediately respond to BI’s request for comment.
By Geoff Weiss
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