Industry News
Aspen Skiing Company (‘SkiCo’), the owner and operator of Aspen Snowmass Resort, Colorado, is taking legal action against high-end skiwear brand Perfect Moment, alleging trademark infringement and other violations. The dispute dates back to March 2021, when Perfect Moment posted images of influencers sporting its skiwear on social media, taken on Aspen Skiing Co.’s lifts and slopes. Following a cease-and-desist letter, some posts were removed.
However, the conflict flared up again in October this year when Perfect Moment posted images on social media with models and influencers at the Aspen Beach Club and in clothing featuring images of the Iconic AspenX Beach Club. This prompted a second cease-and-desist letter from SkiCo to Perfect Moment. SkiCo refers to its AspenX Beach Club experience as a “a coveted, on-mountain party with champagne bottle service, cocktails, a curated menu, and rotating DJs atop Aspen Mountain.” Admission to the AspenX Beach Club ranges from $50-450.
SkiCo accuses Perfect Moment of deliberately using its facilities to capitalize on brand recognition and deceiving customers into believing that it is associated with Aspen. Perfect Moment did not comply and on December 20, 2023, SkiCo took Perfect Moment to court, filed under ‘Aspen Skiing Co. LLC v. Perfect Moment Ltd., D.
Colo., No. 23-cv-03355, 12/20/23’ at the U.S. District Court in Denver. “Perfect Moment’s attempt to trade on ASC’s reputation and goodwill deceives consumers into believing that Perfect Moment is affiliated with or endorsed by ASC, causing ASC both monetary and reputational damage,” the lawsuit states. The lawsuit filed with the U.S. District Court in Denver is seeking a court order that Perfect Moment abandon its use of SkiCo images on its clothing and stop using influencers it has dispatched to Aspen Mountain, in particular its exclusive AspenX Beach Club, for photo shoots.
Perfect Moment was founded in 1984 in Chamonix, France, by professional skier Thierry Donard. In 2010 Swiss-British couple Max and Jane Gottschalk invested in the brand and three years later took over the business. The Gottschalks breathed new life into the brand, leaning heavily on its retro-charm and utilizing social media marketing, transforming it into a globally bestselling brand that is sold via key retailers and boutiques such as Net-a-Porter, MyTheresa, Saks, and Neiman Marcus. The company does not have any own stores at this stage but is planning to open stores in select major cities and pop-up stores in ski resorts in the near future. Perfect Moment announced their plans to list on NASDAQ in November this year. The company plans to raise $16 million by offering 2.5 million shares at a price range of $6 to $7, giving it a market cap of $109 million.
