The Broadmoor is a 5 Star resort in Colorado. The Broadmoor was founded in 1918 and has sold clothing under its name since the 1980s. J. Crew, founded in 1983, started selling quilted outerwear under the Broadmoor name in 2014. Although the resort says it alerted J. Crew of the alleged infringement back in August 2014, J. Crew has continued use of the disputed mark.
In December 2014, the Broadmoor filed a trademark infringement and unfair competition suit in federal court accusing J. Crew of violating the Lanham Act and Colorado common law. The Broadmoor also brought a deceptive trade practices claim against J. Crew and requested the court enter an injunction to prevent J. Crew from continuing to use the Broadmoor mark.
The hotel argues consumers would be confused by J. Crew’s use and link J.Crew to the resort.
Is J. Crew’s use of the Broadmoor name confusing?
At first J.Crew’s naming of its Broadmoor outerwear may not seem as confusing. However, according to the complaint, the products sold at J. Crew pop up as sponsored links on Broadmoor-related Google searches. So, if something like an adwords campaign is purposely linking the two deceptive trade practices will be found. Such a finding may also help weigh in favor towards consumers being confused.
Below are J.Crew Broadmoor collection products.