The parties had a settlement conference Nov. 2, 2021, and filed a joint motion for entry of order and consent injunction Thursday. Judge Liam O’Grady of the U.S. District Court for the Eastern District of Virginia issued that order and consent injunction the same day.
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The organization that possesses the late artist Bob Ross’ trademark and publicity rights settled its claim in a federal Virginia court charging clothing retailer Zumiez Inc. furthermore streetwear brand Rip N Dip Inc. of utilizing his likeness and his “beautiful mountain” plan without permission. Bob Ross Inc., which was co-founded by Ross during his lifetime, sued Zumiez and Rip N Dip in 2020. The complaint alleged Zumiez sells Rip N Dip shirts and air fresheners that unlawfully feature Ross “in his signature permed afro and button-down shirt, painting a mountain landscape stylized to include a cat’s face on the face of the mountain.”
Under the terms of the injunction, the defendants and their affiliates are barred from using Bob Ross intellectual property, including his name, image, and likeness, in connection with any sales. The defendants, who didn’t admit any liability, may also not falsely make an association with Bob Ross, according to the outlined agreement.
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The agreement also specifically bars the defendants from making or selling any products that bear the “Beautiful Mountain” design or any reasonably similar copy of it.
Bob Ross Inc. is represented by Greenberg Traurig LLP. Rip N Dip and Zumiez are represented by Law Office of Craig C. Reilly in Alexandria, Va., and Seddigh Arbetter LLP.