FUBU (its founders using the acronym of “For US, By Us”), sells clothing under the 05 mark, where the 05 is depicted as a numeral on a sports jersey. It turns out that pro athletes (Gretzky being the exception) don’t use numbers starting with a 0, so FUBU was able to build some distinctiveness in the number. A knock-off specialist, with a string of demand letters to its name, began selling PLAYERS 05 sports jerseys. Copies of plaintiff’s catalog were found in defendant’s premises, defendant withheld evidence of sales volume during discovery, defendant’s officer committed perjury during trial. No surprise then when plaintiff wins an accounting, lost profits and attorneys’ fees. GTFM v. Solid Clothing, dba ZAM, 01 CIV 2629 (DLC) (SDNY).
Fun fact: FUBU paid rapper LL Cool J $4 million to wear its clothing.