This week’s BL Business Branding Newsletter takes a look at the trademark dispute brewing between Kim Kardashian’s shapewear company, Skims, and a smaller New York-based apparel company over the phrase “Fits Everybody.” What began as a branding conflict has now stretched into a federal trademark infringement lawsuit, raising questions about brand protection, reverse confusion, and the power of trademark rights, regardless of company size.
According to the lawsuit filed in the Southern District of New York, designer Denise Cesare has been operating her apparel and swimwear brand, “Fits Everybody To A T,” for almost a decade. Cesare claims she built the brand independently from the ground up, tailoring it into an established business while securing federal trademark registrations in both 2016 and 2024.
The dispute centers around Skims’ popular “Fits Everybody” collection, which the lawsuit alleges was launched despite repeated notice of Cesare’s trademark rights. According to the complaint, Skims continued to promote and expand the collection even after trademark concerns were raised, relying on the strength of its celebrity-backed marketing and massive market presence.
The lawsuit notes that Skims’ trademark application for “Fits Everybody” was reportedly refused by the USPTO because of a likelihood of confusion with Cesare’s existing registered mark. Despite the refusal, the complaint alleges that Skims continued to use the phrase commercially across its product lines and marketing efforts.
Cesare claims that Skims’ use of “Fits Everybody” will result in reverse confusion, where Skims’ overwhelming market presence could overshadow the existing smaller brand. In these situations, consumers may mistakenly believe the smaller company is affiliated with, copying, or infringing upon the more recognizable brand. As a result, Cesare is seeking damages, legal fees, and an injunction that could force Skims to alter its branding before the situation becomes even more stitched together in consumers’ minds.
What Can Businesses Learn From This?
Federal trademark registration can provide powerful legal protection, even when a smaller business is facing a much larger competitor. This dispute highlights the importance of monitoring and enforcing trademark rights early, before potential issues become too difficult to untangle. Businesses should regularly review trademark filings, monitor the marketplace for potentially conflicting brands, and address possible infringement before confusion becomes woven into the market.
No matter how big or small your business may be, your brand identity has value. Trademark law is designed to protect that value, and businesses that proactively secure and enforce their rights are in a much better position when challenges emerge, even when facing larger companies.
Have questions about how to protect and elevate your company’s brand? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com.