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Maverick Apparel Demands Logan Paul Stop Using Maverick Name


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Maverick Apparel, a New York City based leading manufacturer and clothing company that prides itself in “building wholesome apparel brands for juniors and children” demanded today Logan Paul stop using their brand name. As the letter notes, “Maverick by Logan Paul and Maverick Apparel (“Maverick”) trademarks are confusingly similar but moreover because you have embedded the term ‘Maverick Apparel’ as the title of the domain, consumers have been confused, deceived and misled that he is affiliated with Maverick Apparel.

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Maverick Apparel Demands Logan Paul Stop Using Maverick Name

  1. 1. Garson, Segal, Steinmetz, Fladgate LLP USA: 164 West 25th Street, Suite 11R, New York, NY 10001 UK: Chambers of William Clegg QC, 2 Bedford Row, London, WC1R 4BU Robert Garson ◊ Thomas Segal ˆ Michael Steinmetz * Chris Fladgate ° Stephen Greenwald John Lane ∝ Kevin Murphy Timothy Kendal ◊ Ilan Ben Avraham ∇ Kevin Kehrli Michael Smaila Chris Han Rushelle Bailey Andrea Timpone Tel: +1 (212) 380-3623 Fax: +1 (347) 537-4540 A d d i t i o n a l B a r M e m b e r s h i p s ◊ England and Wales ˆ Paris * New Jersey ∝ Patent Bar ° Victoria (Australia) ∇ Israel E m a i l : r g @ g s 2 l a w . c o m January 4, 2018 By Federal Express: Logan Paul 8383 Wilshire Boulevard Beverly Hills, California 90211 Monica B. Richman Dentons US LLP P.O. Box #061080 Chicago, Illinois 60606 Maverick Media c/o Hansen Jacobson et al 450 North Roxbury Drive, 8th Floor Beverly Hills, California 90210 Susan Wojcicki Google LLC 1600 Amphitheatre Parkway Mountain View, California 94043 Re: Tarnishment and Dilution of Maverick Apparel’s Name. Dear Mr. Paul, We represent the interests of Maverick Apparel, LLC (“Maverick Apparel”) a leading manufacturer and clothing company that prides itself on building wholesome apparel brands for juniors and children. As you are undoubtedly aware, Maverick Apparel was established in 2005 and whose founder already had amassed a decade of experience in the fashion industry. Over the years, and long before the deep creative process that must have led to your naming a brand after your pet parrot, Maverick Apparel built itself to be a respectable and reputable source of apparel in the United States, Canada and Mexico. To this end, Maverick Apparel has invested a substantial amount of time and capital to develop the Maverick Apparel name. Moreover, Maverick Apparel and its founder have a strong ethical corporate philosophy where success, charitable endeavors and actions work in harmony. In its reputational building strategy however, Maverick Apparel did not cater for its name being hijacked, in full, by a vlogger catering to his evident lowest common denominator narcissism and who champions his scrotal injuries as a badge of pride in his quest of making an historical record of inanity. Over these past months, Maverick Apparel has noticed a rapid and significant decline in its sales, reputation and goodwill of the Maverick Apparel brand as a direct result of your repulsive, abhorrent and mutton-headed conduct. In choosing to promulgate yourself and your maw-wallop across social media and champion yourself as an object of ridicule, hatred and contempt, you have simultaneously infected and injured the good name of Maverick Apparel.
  2. 2. Continuation Page 2 Maverick by Logan Paul (hereinafter “MLP”) and Maverick Apparel (“Maverick”) trademarks are confusingly similar but moreover because you have embedded the term ‘Maverick Apparel’ as the title of the domain and into the Twitter meta tags, consumers have been confused, deceived and misled that you are affiliated with our client’s brand. If the mere appropriation of the trademark were not enough, the base and despicable mores that you choose to pursue, have caused the cancellation of orders due to the fact that Maverick Apparel is thought to be selling MLP merchandise. Often, MLP marketing and advertisements simply use the word “Maverick.” Not only are the trademarks similar, each trademark is marketed to junior consumers as an apparel brand with connections to Beverly Hills. Importantly, many of your followers are members of Maverick Apparel’s same customer-base. Since you have chosen also to associate your personal name with Maverick, your personal reputation is closely woven to the apparel brand. However, you have sought very hard to erode any goodwill in your name by your social media campaign which has become a parade of intolerance. Demonstrating the contradistinction between yourself and Maverick Apparel – While Maverick Apparel’s founder was raising over hundreds of thousands of dollars for children’s charities in his spare time, you have been monetizing the nadir of video logs and profiting from the disgust that they attract. To date, your name, Logan Paul, has become synonymous with racist, anti-Asian, and homophobic sentiments, and most recently, a belligerent insensitivity to suicide. While you continue to invite the public’s revulsion you are equally tarnishing the public’s opinion of Maverick Apparel. Your recent activities have caused widespread media concern, all which impact directly upon Maverick Apparel such as: “Why Logan Paul Should Really Worry Us,” Vanity Fair, (January 2, 2018) “When Keeping It Real Goes Wrong: Logan Paul,” Forbes, (January 2, 2018) “YouTube Star Logan Paul Has A History of Making Controversial Comments” Daily News, (January 2, 2018) Further, YouTube videos include images of you wearing MLP merchandise that consumers wrongly associated with Maverick Apparel. Among the YouTube videos, is one that features a suicide, which has heightened the public’s absolute embarrassment of Logan Paul and anything ostensibly associated with him, including the Maverick trademark. There is no doubt that You Tube’s review and approach to monitoring offensive conduct on its service systemically failed, whether by design or gross negligence. In fact, even a prominent YouTube trusted flagger program member has publicly expressed disbelief that the video was reviewed and left in place, absent any age restrictions. In advance of YouTube’s late response promptly to remove to your offensive video, it had been viewed more than 6 million times and which has exacerbated the current and ongoing harm to Maverick Apparel.
  3. 3. Continuation Page 3 Our client has received a high volume of complaints from customers requesting to return their purchases from Maverick by Logan Paul under the impression that the companies are one and the same. Without cessation and remediation, Maverick Apparel will continue to lose its customer following and the integrity of its brand that it has taken years to build. As a senior user and pursuant to Lanham Act §43, common law prohibits the tarnishment or dilution of the Maverick Apparel trademark. It is unquestionable that as a direct result of a false and confused affiliation between you, MLP and Maverick Apparel, the Maverick Apparel trademark has been tarnished. Based on the foregoing, we demand that you: 1) immediately cease your infringing and flagrant use of the Maverick trademark; 2) provide to our client a full and complete accounting of all revenue derived from the Maverick by Logan Paul brand to date; and 3) provide to our client a full and complete accounting of all advertising revenue derived from the offending suicide video and the apology video posted by yourself which, allegedly, you chose to also monetize through advertising. By dint of your actions, the current estimate of Maverick Apparel’s damages to date is $4,000,000.00 and the harm is ongoing. Given the gravity of the situation, we anticipate compliance with the foregoing within seven (7) days or Maverick Apparel will avail itself of any and all remedies available. All rights expressly reserved. Yours sincerely, Robert Garson