By Jonathan Stempel
NEW YORK (Reuters) -Bob Mackie, the fashion designer and costumer who has outfitted celebrities like Cher, Carol Burnett, Elton John and Taylor Swift, has sued JCPenney for allegedly using his name, signature and likeness without permission to sell apparel.
In a complaint filed on Wednesday night in Manhattan federal court, the 85-year-old Mackie said he was astonished last month when JCPenney launched its “Mackie: Bob Mackie” collection though he had no involvement.
Mackie accused JCPenney of timing the launch to the release of Swift’s newest album “The Life of a Showgirl,” whose album artwork includes a costume he designed.
He said he would never have designed apparel for JCPenney because of “legitimate concerns” it would diminish his name and goodwill, and that the retailer ignored his cease-and-desist letter.
Catalyst Brands, which owns JCPenney, did not immediately respond to requests for comment on Thursday.
Mackie said he believed JCPenney may have contracted with Bob Mackie Design Group, where he is a minority shareholder, but to preserve his legacy neither that entity nor its only other shareholder had authority to provide a license.
Bob Mackie Design Group did not immediately respond to a request for comment on Thursday. A spokeswoman for Mackie did not immediately respond to a similar request
The lawsuit seeks unspecified damages for false advertising, false association under the federal Lanham trademark law, violating Mackie’s right of publicity and deceiving consumers.
Mackie’s costumes have included Cher’s black “loin cloth” outfit at the 1986 Academy Awards, Burnett’s curtain rod dress in the “Went with the Wind” sketch on her TV variety show, and John’s Donald Duck and Mozart concert costumes.
(Reporting by Jonathan Stempel in New York. Editing by Mark Potter)
