A Supreme Lawsuit: Parody and Free Speech, or Trademark Infringement?

James Jebbia, founder of the popular hip-hop clothing line Supreme, is suing the women's hip-hop fashion line Married to the Mob for trademark infringement in the hefty amount of ten million dollars. Leah McSweeney, owner of Married to the Mob, launched a design in 2004, almost ten years ago, called "Supreme Bitch." McSweeney's design looks incredibly similar to the popular logo that Supreme is known for. At first glance, this appears to be blatant trademark infringement, however, there is more to this debacle than meets the eye.

Supreme is very popular among hip-hop artists, often worn by big-name stars such as Bun B, Wale, and most notably, rapper Tyler the Creator (above), who is almost always seen wearing one of his many Supreme hats. Recently, however, the "Supreme Bitch" design, which is one of many designs created by Married to the Mob, has seen a surge in popularity, most notably due to mega star Rihanna posting a photo of herself in one of McSweeney's hats (below). In January of this year, after using the design without issue for many years, McSweeney decided to file a trademark application for "Supreme Bitch." Two months later, Jebbia and Supreme sued Married to Mob, claiming that McSweeney is trying to "build her whole brand by piggybacking off of Supreme," and that this is not mere logo appropriation.

McSweeney states in her website that her use of the logo with the extension of the word "bitch" was created to "make fun of the misogynistic vibe of Supreme and the boys who wear it." She even sold a T-shirt with this design on them in Union, a store that is owned and managed by Jebbia, who, back in 2004, actually gave his blessing for use of the design. Jebbia admits that he remembers approving the original design, but says he thought it was going to be a one-time thing, on a T-shirt. "Now it's on hats, T-shirts, towels, mugs, mouse pads," he explains. McSweeney, however, states that "I don’t think Supreme should be able to squash free speech or my right to utilize parody in my design aesthetic. It’s one of the most powerful ways for me to comment on the boy’s club mentality that’s pervasive in the streetwear/skater world."

What do you think? Is McSweeney without fault, having already gotten permission to use and sell her design for almost a decade? Is she merely exercising her right to free speech, and simply making a parody? Did Jebbia only come after her now that she was becoming more successful and to silence her? Or is Jebbia correct; is McSweeney making this design the focus of her entire fashion line and unlawfully using Supreme in order to achieve success? Would Jebbia have even given consent initially if this were going to be a "parody" of his clothing line? Only time will tell who is legally in the right, so for now, the attorneys are gearing up for what is sure to be a very interesting battle within the fashion world.