Fashion designer Bob Mackie sues JCPenney over ‘Mackie’ apparel line

Audio By Carbonatix

Enlarge

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 direct involvement.

Mackie said JCPenney partnered with Bob Mackie Design Group to create the collection, promising shoppers “signature Hollywood glamour at accessible prices,” but he was kept in the dark despite owning 40% of the group.

He 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 had designed.

Mackie said he would never have designed apparel for JCPenney because of “legitimate concerns” it would diminish his name and goodwill, and Bob Mackie Design Group had no authority to provide a license.

JCPenney’s apparel “doesn’t reflect the work he has created over the years,” a spokeswoman for Mackie said.

Catalyst Brands, which is based in Plano, Texas, and owns JCPenney, did not respond to requests for comment on Thursday.

Mackie filed a related lawsuit on Thursday against his namesake group and Marc Schwartz, who has a 60% ownership stake and once managed his personal finances, accusing him of mismanagement, court papers show.

“Bob Mackie Design Group Ltd has full rights and authority to use and license the Bob Mackie trademark, including the collaboration with JCPenney,” the group said in a statement. “The lawsuit filed by Mr. Mackie is completely baseless.”

Mackie is seeking unspecified damages from JCPenney for false advertising, false association under the federal Lanham trademark law, violating his right of publicity, and deceiving consumers.

JCPenney has more than 650 stores. Catalyst’s other brands include Aeropostale, Brooks Brothers, Eddie Bauer, Lucky Brand and Nautica.

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 and Richard Chang)