Sean John Being Sued Over Trademark Again

Article written by: Rodrick Rainey
Posted on: August 8, 2005

Another day, another suit, so to speak, for P. Diddy and his Sean John Clothing, Inc. company. Specifically, a federal patent infringement lawsuit was filed Wednesday alleging that a phrase used by Diddy’s clothing line was too similar to a saying that had been patented for another clothing line.

According to a report by NBC5.com (WMAQ-TV), Chicago, Gregory Hilderbrand, of Illinois, filed the suit against Sean ‘P. Diddy’ Combs as well as Bad Boy Entertainment Inc., which is also owned by combs.

The suit claims Hilderbrand patented the phrase “It’s A Lifestyle” in 2002, that he uses on the clothing he sells. He says Combs’ catch phrase “It’s Not Just A Label … It’s A Lifestyle” is too similar to his and infringes on his trademark.

The defendants are charged with patent infringement, unfair competition, defective trade practices and consumer fraud.

In his suit, Hilderbrand asks that the defendants stop using the mark “It’s A Lifestyle” or any mark similar to it. He also seeks to recover profits P. Diddy made on his clothing line using the “It’s A Lifestyle” mark and, of course, damages for his suffering, punitive damages and attorney’s fees.

This news come shortly after Mr. Combs told URB1 Magazine he wanted to develop an art logo, versus the scripted signature. “I’m putting you on rations” is what Diddy told his designers, according to the “NY Times”, when speaking on the subject of the trademark signature.

Not satisfied with racking up approximately $400 million per year in sale, Diddy now wants Sean John to cross urban boundaries and establish itself as a universal brand. If successful, the move could prove highly profitable for Puff considering that he still owns the line. Last year, Russell Simmons sold Phat Fashions to Kellwood, a giant clothing manufacturer, for $140 million.

Though still successful, Sean John suffered shrinking sales in the last two years and a net loss last year. Insiders say the low sales are evidence that urban fashion is now decreasing. Disorganized distribution is also believed to have caused SJ to slip in sales. Hoping to return Sean John to more glorious days, Diddy made critical changes in his team. He replaced his former executive vice president, Jeffrey Tweedy with Robert J. Wichser; Joseph Abboud Apparel Corporation’s former chief executive. Prior to hiring Wichser, Diddy held the chief executive title. Now, word is Wichser said he wouldn’t work with SJ unless he got the chief executive title.

Diddy is also readying to launch a Sean John’s women’s line and is looking to associate the brand with licensed products like leather sneakers, belts and rims. Insiders say Puff is likely to rise again partly because Sean John makes 70% of its own clothes. Most celebrity-fronted brands are made under licenses with other companies.

“If he can get the women’s working, he can become a true lifestyle brand,” analyst Eric M. Beder shared. “Sean John can become more than just Puff Daddy’s company.”