Resort says on-mountain fashion shoots treading on trademarks
The owner of the Aspen Snowmass resorts is complaining about a high-end fashion company that keeps sending so-called “influencers” to its ski areas to be photographed in pricey attire.
Aspen Skiing Co. filed a lawsuit Wednesday that accuses Perfect Moment, a London-based skiwear maker, of trademark infringement, among other allegations.
The dispute began in March 2021, when Perfect Moment posted photos of female influencers modeling its skiwear on Instagram and other social media sites. Within weeks, Aspen Skiing noticed the photos, realized they were taken on its lifts and slopes, and sent a cease-and- desist letter to London. Some, but not all, of the posts were deleted as a result.
“Perfect Moment intentionally chose to conduct its commercial photoshoot at the ASC Resorts to trade on (its) goodwill and consumer recognition,” Aspen Skiing says now.
Then, for 21/2 years, the companies got along, according to this week’s lawsuit.
Until October, when Perfect Moment posted photos from the ASPENX Beach Club, a hangout on Aspen Mountain where admission can cost $450 and Dom Pérignon is sold by the bottle. The posts, which remain online, advertise a $790 jacket imprinted with a photo of the club.
Aspen Skiing refers to that jacket and matching leggings ($190) as “the infringing apparel.”
“Perfect Moment hired at least one model and/or influencer to attend Aspen Skiing Company’s ASPENX Beach Club experience dressed in Perfect Moment apparel for the purpose of being photographed for the creation of the infringing apparel,” the lawsuit alleges.
Aspen Skiing accuses an American photographer, Dede Johnston, of taking those photos. Johnston did not answer Businessden’s request to talk about what happened.
On Halloween, Aspen Skiing again sent a cease-and- desist letter to Perfect Moment, this time demanding that it take down the social media posts and stop selling its “infringing apparel.” When that didn’t work, the resort owner sued Perfect Moment in federal court.
In addition to infringing on its trademarks, Aspen Skiing accuses the British company of deceptive trade practices, unjust enrichment, misappropriation of business value and giving consumers a false sense that Perfect Moment is endorsed by Aspen Skiing.
“Perfect Moment continually and repeatedly associates itself with ASC Resorts … for the purpose of appropriating ASC’S world- class reputation and luxury lifestyle,” it alleges.
Spokespeople for Perfect Moment did not answer BusinessDen’s requests for comment.
Aspen Skiing wants U.S. Magistrate Judge S. Kato Crews to make Perfect Moment destroy the offending clothes, delete social media posts taken at Aspen Snowmass resorts and hand Aspen Skiing the profits that it made from its alleged trademark infringements. Aspen Skiing also wants punitive damages to deter any future “bad faith conduct.”
Aspen Skiing Co., known in Aspen as Skico, is owned by 98-yearold Chicago businessman Lester Crown and his family. Crown’s son, Jim, was the managing partner of Skico before he died in a single-vehicle race car crash in Aspen during the summer. The company runs Aspen Mountain, Aspen Highlands, Buttermilk and Snowmass ski areas.
Its lawyers are Ian Saffer and Kate Bohmann with the national law firm Quarles & Brady.
In a presentation to prospective investors last month, Perfect Moment said that its “network of social media influencers” are key to reaching skiing’s “largely affluent” fans.
“We believe that inspiration and trends have shifted from editorial content on the printed pages of monthly fashion magazines,” the company said, “to the real-time social media channels of the world’s leading fashion bloggers, influencers and celebrities.”