By Jonathan Stempel
Event Context
NEW YORK, – Bob Mackie, the famed fashion designer who has outfitted celebrities like Carol Burnett, Cher, Elton John and Taylor Swift, settled lawsuits against JCPenney and longtime business partner Marc Schwartz for allegedly using his name, signature and likeness without permission to sell apparel.
Team Analysis
U.S. District Judge Analisa Torres dismissed the lawsuits on Tuesday, after Mackie’s lawyer, Michael Firestone, told the Manhattan judge that both sides agreed in principle on “certain material terms” to settle.
Match Outlook
A final settlement is expected by July 28. Terms were not immediately available. Firestone declined to elaborate on Wednesday. Michael Steger, a lawyer for JCPenney and Schwartz, declined to comment. JCPenney’s owner, Catalyst Brands, did not immediately respond to requests for comment.
MACKIE FEARED LOSS OF GOODWILL
The lawsuits stemmed from the September launch of the “Mackie: Bob Mackie” collection at JCPenney, which promised shoppers “signature Hollywood glamour at accessible prices.”
Mackie said he would never have designed apparel for JCPenney because it would diminish his name, legacy and goodwill from six decades in the fashion industry.
He also said the defendant Bob Mackie Design Group, in which Schwartz had a 60% stake and Mackie owned 40%, had no authority to provide a license. Mackie accused JCPenney of timing the launch to the release of Swift’s album “The Life of a Showgirl,” whose artwork included a costume he had designed.
In court papers, JCPenney dismissed Mackie’s claim that shoppers would be disappointed with the quality of its Mackie-branded apparel as “rank speculation.”
CURTAIN ROD DRESS The lawsuit against JCPenney sought damages for false advertising, violating the federal Lanham trademark law, violating his right of publicity and deceiving consumers.
Mackie also sought to remove Schwartz as an officer of Bob Mackie Design Group.
JCPenney has more than 650 stores. Catalyst’s other brands include Aeropostale, Brooks Brothers, Lucky Brand and Nautica.
Mackie’s costumes have included Burnett’s infamous “curtain rod” dress for a “Gone with the Wind” parody sketch on her TV variety show, Cher’s black “loin cloth” outfit at the 1986 Academy Awards, and John’s Donald Duck and Mozart concert attire.
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