Banana Republic Says Designer's Font Claim Is Bananas

Law360 (December 9, 2020, 3:56 PM EST) -- A graphic designer's stylized ampersand isn't enough to hang a lawsuit on, the clothing and accessories retailer Banana Republic told a New York federal court Wednesday.

Banana Republic LLC urged U.S. District Judge Jesse M. Furman to throw out a lawsuit leveled by Moshik Nadav and his company, Moshik Nadav Typography LLC, and argued that typefaces "are excluded from protection under U.S. copyright law."

The New York-based design company had hit the retail chain, a unit of Gap Inc., with an unjust enrichment claim in October.

The suit focuses on a number of advertising campaigns the Banana Republic runs occasionally on...

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