‘Fruit of the Tomb’ as a clothing brand? Well, some say it’s Halloween-themed, but its owners say it’s more along the lines of “Gothic and Neo-Gothic apparel” or as it says on its website, “unique, fun and slightly twisted clothing.”
Anyway . . . Texas-based En Garde filed a trademark application with the USPTO for Fruit of the Tomb in July 2015 in international class 25 — clothing. The mark was published for opposition in November 2015.
Fruit of the Loom, the clothing company mostly known for its underwear and its colorful bundle of fruit logo, is suing En Garde for trademark infringement after sending them a cease-and-desist in 2015 and filing a notice of opposition (which is still pending). According to the Fruit of the Loom website, its trademark was registered in 1871, “making it one of the world’s oldest brands.”
En Garde claims that at the time of the application filing, it had not yet begun selling Fruit of the Tomb-branded merchandise. But then, in April 2016, the Internet domain fruit-of-the-tomb.co was registered and Fruit of the Tomb clothing became available in the Houston, Texas area.
Fruit of the Loom says En Garde’s mark “is confusingly similar in sight, sound and overall commercial impression.” The company seeks an injunction to stop Fruit of the Tomb merchandise sales and a USPTO rejection of the trademark application, along with damages.
And now for a little stroll down memory lane — remember these guys?