Abercrombie & Fitch vs. Beyoncé

On Tuesday Beyoncé announced she had signed a deal with Coty Inc. to market a new fragrance, with the scent set to launch next year.

That same day Abercrombie filed its suit in U.S. District Court in Columbus, Ohio, demanding that a court order the singer to call off the new perfume plan. A&F has sold the men’s Fierce cologne since 2002 and the suit notes that the retailer has held a trademark on the word “fierce” since 2003.

The suit argues that Beyoncé will unfairly benefit from Abercrombie’s reputation and that customers might be confused or deceived into thinking the retailer is associated with the singer’s new fragrance. Must not confuse the customers!

In September 2008 Beyoncé applied to trademark “Sasha Fierce” for a fragrance and other items to go along with her November 2008 “I Am … Sasha Fierce” album. According to the lawsuit, A&F asked the singer not to use the name for a fragrance but she assured the retailer there weren’t be any confusion.

To Abercrombie, Fierce isn’t just a fragrance – Fierce is Abercrombie and Fitch.

If you’ve ever stumbled into one of the stores, I’m sure you’ve smelt Fierce. I hate A&F. I hate the booming music blasting out of the store doors, I don’t care for the “models” that work there, I don’t like the prices and I really loath how everything in the store smells like Fierce.

It turns that when you walk into an A&F store it’s no accident you feel like you’re breathing Fierce. The Associated Press reports that both employees and machines spray the scent throughout the store “with the goal of infusing all the apparel they sell.” What?! Why would I want to buy a women’s tank top and have it smell like men’s cologne?!

The lawsuit notes that A&F has sold $190 million in Fierce since the fragrance first launched and that it predicts 2009 sales will ring in at $64 million. The company estimates it spent more than $3 million in 2008 and 2009 on scent machines for its stores. Does anyone else think all those scent machines are a waste of money? Would the fact that a shirt smells like cologne really convince anyone to buy it? I guess a guy going on a date doesn’t have to waste any of his own cologne. Just put on the shirt and he’s ready to go.

It turns out that Abercrombie should have nothing to worry about because Coty released a statement late Wednesday saying that neither the terms Fierce or Sasha Fierce will be used in Knowles’ fragrance.

“Details related to the fragrance, including the official name, will be revealed prior to the launch in early 2010,” the company said.

Click here for the AP article.