Gap, Designer's Co. Say Heart Emoticon Can't Be Trademarked

Law360, New York (December 19, 2013, 4:29 PM EST) -- Gap Inc. and Diane Von Furstenberg's fashion company preemptively sued a children's product startup in New York federal court Tuesday, claiming that clothes featuring a  "<3" heart image don't infringe the new company's logo because the symbol is too frequently used. 

Arguing that the "<3" heart symbol is so common that no one can claim a right to it, Gap and DVF Studio LLC claim their kids' products bearing the symbol do not infringe VeryMeri Creative Media Inc.'s logo.

"The <3 heart emoticon is commonly used as a design element in connection with apparel and related products," states the complaint. "And...

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