Chrome Hearts: Fashion Nova ‘copies’ custom sets made for ‘A-list celebrities’

Chrome Hearts isn’t feeling the love for Fashion Nova.

The luxury brand filed a lawsuit against fast-fashion company Fashion Nova in the Central District Court of California on Tuesday for trademark infringement and unfair competition.

The trademarks in question include Chrome Hearts’ “Cemetery Design Patch” and “CH Cross,” both of which are decorative crosses that the company uses on its products. The Cemetery Design Patch trademark has been in use since 2014, while the CH Cross trademark was registered in 2009.

In the complaint, Chrome Hearts accuses Fashion Nova of infringing its trademark rights with a two-piece suede set that it allegedly sold.

“Chrome Hearts produced custom two-piece outfits featuring a grave cross patch and CH cross mark for prominent A-list celebrities and influencers. The suede two-piece sets were featured in multiple media outlets accessible to the public,” Chrome Hearts said in the complaint. “In or about May 2024, Chrome Hearts discovered that the accused products [Fashion Nova’s] Website.”

While Chrome Hearts did not specifically mention which celebrity the set was made for, indications point to Kim Kardashian, who wore a brown suede two-piece set by Chrome Hearts to the GQ Men of the Year Awards 2023. The set matches images included in Chrome Hearts’ complaint.

Chrome Hearts further alleges that Fashion Nova deliberately attempted to exploit the recognition of its trademarks with the two-piece sets.

“Based on information and belief, [Fashion Nova] “The company knowingly copied Chrome Hearts’ marks and apparel in order to usurp the benefit of Chrome Hearts’ goodwill and reputation, despite having actual knowledge of Chrome Hearts’ custom two-piece apparel,” the lawsuit alleges.

The luxury brand said the products allegedly sold by Fashion Nova bear “marks that are identical, substantially indistinguishable, or confusingly similar to one or more of Chrome Hearts’ trademarks” and that the products are “highly likely to cause confusion among consumers. [Chrome Hearts’] “customer.”

The company then went on to claim that Fashion Nova’s actions were “extreme, outrageous and fraudulent and were imposed on Chrome Hearts with reckless disregard for Chrome Hearts’ rights.”

In the lawsuit, Chrome Hearts is seeking an injunction preventing Fashion Nova from manufacturing, promoting, or selling the two-piece sets or “any other products bearing the Chrome Hearts mark.” It also asks that a judge order Fashion Nova to “recall all inventory of the accused products from its distributors and retailers and deliver them to Chrome Hearts for destruction or other disposition,” and to disclose the suppliers and manufacturers it used to make the accused products.

In addition to the injunction and discovery, Chrome Hearts is seeking monetary damages “up to $2 million per product type per counterfeit and infringed trademark” and ” [Fashion Nova’s] “Willful infringement” and attorneys’ fees.

This isn’t the first time the two companies have faced off in court: Chrome Hearts filed its first trademark infringement lawsuit against Fashion Nova in August 2020, but the two companies settled out of court.

Chrome Hearts has acknowledged that it has been aggressive in taking legal action against companies it believes have infringed on its trademarks. In the complaint, the company said that in the past five years alone, it has “filed over 100 lawsuits against defendants who infringe on the Chrome Hearts trademarks.”

Other recent defendants include Shein, Crocs and Walmart. Those three cases, as well as others, remain pending.

Neither Chrome Hearts nor Fashion Nova responded to Sourcing Journal’s requests for comment on the lawsuit.