From the New York Post:
August 9, 2006 — OLD Navy had better go to battle stations. A Baltimore punk band, Oxes, claims the kitschy clothing chain owned by Gap Inc. ripped off one of its concert fliers to use on a T-shirt sold in Old Navy stores. “This is indefensible,” said lawyer Carmen Giordano, who’s filing a trademark infringement suit in Manhattan federal court today on behalf of Oxes, who have opened for Cheap Trick and the Breeders. “Old Navy has exploited their hard-edged image. The connection is completely contrary to their fiercely anti-establishment philosophy . . . and sullies their image.” Old Navy did not return our call.
Here’s what the t-shirt in question looks like and here’s The Oxes’ Myspace page.
One trend popping up over the past year in fashion is “rocker chic”. From Dolce & Gabbana to, well, Old Navy, you’ve seen rock-inspired apparel. The problem with being a mass market retailer trying to co-opt a rock or punk aesthetic is credibility. There is a fine line between something that is authentic and something that is not. In this case, an Old Navy designer may have gone too far when going for the punk/rock look by lifting directly from a flier or using a band’s name that would give it an authentic feel.
This case was brought up a few months ago on one forum I read. I haven’t seen solid proof, one way or another, whether this design is exactly from a flier that promoted this band’s show or even influenced by an actual show they did play. But that doesn’t stop them from having to protect their brand identity. Bands, at all levels, need to be cognisant of their brand identity. And, at the end of the day, it will garner them some publicity, which is always a good thing.
It remains to be seen whether Old Navy can be directly held responsible for the design. In a rumored past case involving design infringment on an Old Navy t-shirt, it was the designer from a third party company that was held responsible for the offending design. In their contract with Old Navy, Old Navy was cleared of any possible liability for their designs.
More coverage from Punknews.org.