By Associated Press
August 23, 2003, 8:39 PM EDT
COLUMBUS, Ohio -- Abercrombie & Fitch says its chain of Hollister stores owns the number 22.
The New Albany-based company has sued rival retailer American Eagle Outfitters, seeking to prevent it from using the number on its clothing.
The lawsuit filed in Columbus federal court asks a judge to order American Eagle to stop using 22 on its clothing and advertising, to destroy any clothes or ads that use the number and to give Hollister any profits from clothes already sold.
Abercrombie says Hollister owns the number 22 because it has appeared on the chain's clothing since the stores opened three years ago.
Hollister never registered a trademark on the number, but the company claims common-law rights to the trademark because the number is used on Hollister's merchandise, packaging and Web site.
"The suit speaks for itself," Abercrombie spokesman Tom Lennox said.
American Eagle is based in Warrendale, Pa., but its majority owner is Columbus-based Schottenstein Stores Corp.
Federal courts have ruled at least three times in four years that Abercrombie can't prevent American Eagle from selling clothes that look like Abercombie's.
American Eagle called the No. 22 lawsuit frivolous in a letter to Hollister, saying Hollister uses several numbers on its apparel and therefore can't claim a trademark on any of them.
Copyright © 2003, The Associated Press