Aspen Ski Resort Sues British Luxury Brand
A London-based clothing company is in hot water again with a ski resort in Aspen, Colorado, for sending social media influencers to model clothing without the property’s permission.
Aspen Skiing Company filed a lawsuit against UK-based Perfect Moment Ltd., on Dec. 20 in U.S. District Court in Colorado, alleging the clothing brand committed trademark infringement, as well as false association/endorsement against the resort.
More from Sourcing Journal
According to the complaint, luxury-priced Perfect Moment sent influencers to the resort to model its clothing on the slopes without permission and then posted images of the models on its social media channels.
The apparel company also produced a line of ski clothing printed with images of Aspen Ski Company and its AspenX Beach Club experience, a limited event with tickets ranging from $50-$450 per person. Perfect Moment sent at least one model to be photographed wearing the clothing at the event, using those images on its social media accounts.
“Perfect Moment intentionally chose to conduct its commercial photoshoot at the ASC Resorts to trade on the goodwill and consumer recognition associated with the ASC Resorts and distinguishing characteristics and/or trade dress,” the lawsuit said.
According to a report in The Independent, Perfect Moment first ran afoul with Aspen Skiing Company in 2021 when it posted photos of influencers wearing its clothing on the resorts slopes and ski lifts. Aspen Skiing Company sent Perfect Moment a cease-and-desist letter, and the apparel maker removed some of the photos.
Aspen Skiing Company was founded in 1946 and encompasses several resort properties, events and even its own line of apparel, AspenX. Its AspenX Beach Club experience is an Instagram-ready party held atop Aspen Mountain with red-and-white striped cabanas and chairs, as well as DJs and drinks.
“Rather than building that reputation and goodwill through its own product line, Perfect Moment attempts to appropriate ASC’s world-renowned reputation and goodwill by intentionally and falsely associating itself with ASC’s resorts, ASC’s trademarks, and ASC’s iconic AspenX Beach Club experience,” the complaint said.
Perfect Moment is a high-end ski apparel maker, which sells its collections for men and women via its website, as well as retailers such as Neiman Marcus, Saks and Net-a-Porter. Its Nevada Colorblock Duvet Jacket featuring the images in question of the AspenX Beach Club experience is currently available at Neiman Marcus for $750.
“Perfect Moment’s attempt to trade on ASC’s reputation and goodwill deceives consumers into believing that Perfect Moment is affiliated with or endorsed by ASC, causing ASC both monetary and reputational damage,” the suit said.
Aspen Skiing Company sent a second cease-and-desist letter to Perfect Moment in October 2023. The resort’s lawsuit seeks an injunction against Perfect Moment prohibiting the company from using imagery from Aspen Skiing Company, as well as damages.
