Just because Macy’s decided it didn’t want to use the Marshall Field name when it bought out the department store chain a decade ago doesn’t mean that it wants anyone else using it either. Meaning burgeoning T-shirt moguls are out of luck if their plan involved selling shirts with the Marshall Field name — or any name of any department store chain Macy’s has acquired over the years. A judge has ruled that Macy’s still has a “protected interest” in the trademarks.
The ruling comes as the result against a case Macy’s filed against Strategic Marks. Strategic was using the Marshall Fields name as part of its retro department stores line of T-shirts.
Ellia Kassoff, chief executive of Newport Coast, Calif.-based Strategic Marks, said that, where Marshall Fields is concerned, the judge’s ruling affects only Marshall Fields T-shirts, not online ventures or even brick-and-mortar stores. A trial related to non T-shirt related trademark issues between the firms is set to kick off on May 2.
Macy’s is reportedly also happy with the ruling.
“Macy’s is pleased that Judge Chen recognized the importance of Macy’s heritage brands, and looks forward to prevailing at trial on the remaining store names,” said Anthony Lo Cicero, an Amster Rothstein & Ebenstein lawyer representing Macy’s.
