Bodega, the "secret" sneaker store hidden in a Clearway Street storefront has filed a trademark lawsuit against Bodega Rose, a New York venture that sells planters shaped like sneakers and T-shirts emblazoned with "Bodega Rose."
In a lawsuit filed yesterday in US District Court in Boston, our Bodega is asking a judge to tell that Bodega Rose to knock it off and stop selling planters shaped like sneakers and clothing that includes the word "Bodega" and to ship a ton of money up to Boston in recompense - specifically, all the profits it's made from the sales of those things plus triple damages.
Bodega alleges that Bodega Rose is going after "the same classes of consumers as Bodega," with seemingly related merch and that Bodega Rose kept doing so even after Bodega's lawyer sent them a letter in May, 2018 asking them as nicely as lawyers can to stop doing that and warning that Bodega would oppose Bodega Rose's efforts to win a trademark on its own brand name for planter sneakers and clothing.
In its complaint, Bodega discusses the importance of its own trademarks to its success:
Founded in Massachusetts in 2006, Bodega immediately earned acclaim in the streetwear and sneakerhead scenes as a particularly innovative and exciting brand, recognized for its bold designs and high-profile collaboration projects with other well-known footwear and apparel brands and retailers such as adidas, Reebok, and New Balance.
With an extensive online presence and brick-and-mortar locations in Boston and Los Angeles, Bodega has seen a meteoric rise onto the global stage as a tastemaker, putting Boston on the streetwear map. By way of example, Bodega had secured a deal to carry limited edition releases from Nike, and attained Nike's Tier Zero status after a mere two years in operation.
Much of Bodega's success is owed to its longstanding and consistent use of its trademarks, including the marks BODEGA and BDGA (collectively, the "Bodega Marks"). ...
As a result of Bodega's use and extensive and continuous efforts promoting the BODEGA Marks, consumers have come to recognize the BODEGA Marks as uniquely associated with Bodega and an indication of origin in Bodega, as a consequence of which Bodega has established valuable goodwill and exclusive rights in the BODEGA Marks.
Bodega continues that letting Bodega Rose do what it wants has already hurt Bodega and would inflict serious damage on it in the marketplace - especially if Bodega Rose puts out any inferior products:
Defendants' BODEGA ROSE Marks, for use on and in connection with apparel and sneaker-shaped planters, so resemble Bodega's first used BODEGA Marks for closely related goods and services offered within the very same market is likely to confuse, mislead, and deceive members of the public into believing that Bodega has allowed, sponsored, approved, or licensed Defendants to provide competing goods and services, or that Defendants are in some way connected to or affiliated with Bodega.
Any such confusion would result in injury or have a direct, deleterious impact on Bodega's reputation and its ability to market its own goods and services under the BODEGA Marks. Furthermore, any defect, objection, or fault found with Defendants' goods or services would negatively impact and seriously injure the reputation Bodega has established for its high-quality products and services offered under the BODEGA Marks.
The suit does not cover Bodega Rose's products that either do not resemble sneakers or which do not have "Bodega" on them, such as planters shaped like soccer balls and mugs printed with the saying "FUCK YOU FUCKIN' FUCK."