Gap Says NYC Man Can't Trademark 'Lower East Side'

Law360, New York (March 20, 2012, 7:46 PM EDT) -- The Gap Inc. asked a New York federal judge on Monday to toss a trademark suit filed by a litigious Manhattan street merchant who claims the clothing retailer ripped off his "Lower East Side" brand name.

Gap said a geographic descriptor like the Lower East Side cannot be trademarked because it lacks any sort of secondary meaning specific to Robert Lopez's products. And even if it could be protected, the retailer argued in a 31-page memorandum, nobody would confuse Gap's products with the L.E.S. Clothing Co....
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