Dirtball Files Federal Trademark Infringement Suit Against Quiksilver and DC Shoes #FashionLaw

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Interesting release I received from Dirtball. Check on it.


American-Made Sustainable Apparel Line, Dirtball, Files Federal Trademark Infringement Suit Against Quiksilver and DC Shoes

The Dirtball suit is not only in defense of the brand and its trademark, but of U.S. textile jobs
Dirtball, the company behind eco-friendly apparel made in the U.S.A. from 100% recycled materials, has filed a federal trademark infringement suit against DC Shoes and its parent company, Quiksilver (ZQK), after attempts by Dirtball to stop the infringement without legal action were rebuffed. The suit (Fox et al Dirtball Fashion L.L.C. v. DC Shoes, Inc. et al Quiksilver Case # 5:2014cv00097), filed in the North Carolina Western District, alleges unauthorized use of the “Dirtball” (USPTO Registration #3766770) trademark by DC Shoes and Quiksilver (ZQK), specifically DC Shoes, “Dirtball Flannel”. Dirtball is also pursuing claims for relief pursuant to North Carolina’s Unfair and Deceptive Trade Practices Act.

“Our apparel is made in America, from American materials, by American workers,” says Joe Fox, Founder and President of Dirtball. “Not only are we helping protect the environment, we’re also employing Americans to produce our apparel. When we first found out about DC Shoes’ Dirtball Flannel, we contacted DC and were informed that Quiksilver and DC had no intention of stopping use of the Dirtball trademark or sales of the product. Further, Quiksilver told me that Dirtball should not be a trademark. Therefore, we felt we had no other option than to defend our brand, our trademark and the American textile workers that we help employ against a multinational corporation that has no interest in; abiding by U.S. law, U.S. manufacturing and its workers or the environment. They are damaging a brand that has, for 6 years, been synonymous with eco-friendly clothes that are made in the U.S.A., and we will do whatever it takes to defend it.”
As a premier name in American-made, eco-friendly apparel, Dirtball currently produces over 60 different articles of clothing made from 100% recycled materials. Each item of clothing produced by the fashion brand features between six and 25 recycled water bottles.

In addition to the brand’s focus on sustainability, Dirtball also focuses on reinvesting in the American worker. Based in Hickory, North Carolina, Dirtball uses 22 different textile U.S. textile mills in the construction of their products with the majority located in the Southeast.

By using materials found in America and centralizing their manufacturing facilities primarily in the American southeast, Dirtball reduces carbon emissions by severely reducing shipping distances. Dirtball products average only 360 miles of travel distance from raw materials to finished goods, which enables their carbon footprint to be as small as 1/15 the size of that of manufacturers who feature factories overseas.

Two million plastic bottles are used across the United States every 10 minutes while over one billion plastic bottles make their way into landfills every year. Every 100 pairs of shorts that Dirtball produces helps keep 2,500 water bottles from reaching landfills, thus helping reduce harmful air emissions created by the disposal of landfill waste.
For more information on Dirtball, visit www.DirtballFashion.com.
About Dirtball
Founded in 2008 by Joe Fox, race car driver, entrepreneur and North Carolina native, Dirtball constructs eco-

friendly apparel and gear for active individuals – cutting across age and gender lines. Dirtball only uses recycled materials in their products and all products are designed and produced in the United States the majority within a 250 mile radius of headquarters. Not only does the recycled content add to the ecological- friendliness of the company, but the U.S.-based manufacturing arm adds to the local economy and shortens shipping distances, thereby reducing Dirtball’s carbon footprint.

Photocrdit: Dirtball

Uduak Oduok (Ms. Uduak) is a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her firm’s fashion and entertainment law practice areas. Ms. Uduak has litigated a wide variety of cases in California courts. She has also handled a variety of entertainment deals for clients including network television and licensing deals. Her work and contributions to the creative industry has been recognized by numerous organizations including the National Bar Association, and featured in prestigious legal publications in the USA: ABA Journal and The California Lawyer Magazine. She is also the author of Fashionentlaw™ and also has over two decades combined hands on industry experience in the creative industry which includes modeling, retail, fashion production, public relations, digital media, journalism and publishing. For further inquiries or if you are seeking legal representation, please email (uduak@ebitulawgrp.com). You may also follow her on twitter at @uduaklaw


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