Bob Mackie sued over his own name — and has settled with JCPenney
The designer who dressed Cher, Elton John and Taylor Swift claimed a collection carrying his name was launched without permission — timed to a Swift album whose artwork featured one of his costumes.
Bob Mackie, the famed designer who has outfitted Carol Burnett, Cher, Elton John and Taylor Swift, has settled lawsuits against JCPenney and longtime business partner Marc Schwartz over the alleged use of his name, signature and likeness without permission to sell apparel.
US 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. A final settlement was expected by July 28; terms were not available. Lawyers for both sides declined to comment, and JCPenney’s owner, Catalyst Brands, did not respond to requests for comment.
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 Bob Mackie Design Group — in which Schwartz had a 60% stake and Mackie owned 40% — had no authority to provide a license.
He further 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.”
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, Cher’s black “loin cloth” outfit at the 1986 Academy Awards, and John’s Donald Duck and Mozart concert attire.