Bob Mackie went to court over his own name — and settled with JCPenney
The designer who dressed Cher, Elton John and Taylor Swift claimed a collection carrying his name was launched without permission — and timed to a Swift album whose cover features one of his costumes.
Bob Mackie — the legendary designer who dressed Carol Burnett, Cher, Elton John and Taylor Swift — has settled his lawsuits against the JCPenney chain and his long-standing business partner Mark Schwartz. He had accused them of using his name, signature and likeness without permission to sell clothing.
Federal judge Analisa Torres dismissed the cases on Tuesday after Mackie’s lawyer Michael Firestone said the parties had agreed in principle on “certain material terms” of a settlement. A final agreement was expected by 28 July; the terms were not disclosed. Lawyers for both sides declined to comment, and JCPenney’s owner, Catalyst Brands, did not respond to requests.
The suits grew out of 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 clothing for JCPenney because it would cheapen his name, his legacy and the reputation he built over six decades in fashion. Bob Mackie Design Group — 60% owned by Schwartz and 40% by Mackie himself — had no authority to grant the licence, he said.
Separately, the designer accused JCPenney of timing the launch to the release of Taylor Swift’s album “The Life of a Showgirl,” whose artwork used a costume he created. In court, JCPenney called Mackie’s claim that shoppers would be disappointed by the quality of clothing bearing his name “rank speculation.”
The suit against JCPenney sought damages for false advertising, violation of the federal Lanham Act on trademarks, infringement of the right of publicity and consumer deception. Mackie also sought Schwartz’s removal from his post at Bob Mackie Design Group.
JCPenney has more than 650 stores; Catalyst’s other brands include Aeropostale, Brooks Brothers, Lucky Brand and Nautica. Mackie’s own back catalogue includes Burnett’s famous curtain-rod dress for the “Gone with the Wind” parody, Cher’s black loincloth outfit at the 1986 Oscars and Elton John’s Donald Duck and Mozart concert costumes.