The VIA Agency in Portland developed this ad for L.L. Bean that is only visible in sunlight. 

A Utah-based retailer of outdoor and mountaineering gear has filed a federal lawsuit against L.L. Bean, alleging that it’s recent marketing campaign slogan, “Be an Outsider,” infringes on a trademark registered in August.

Alfwear, which sells outdoor clothing under the name KÜHL, claimed in its Oct. 2 suit that it has been using the phrase “the outsider” in its sales of outdoor clothing since 2015, and that L.L. Bean’s recent marketing campaign using the phrase “Be an Outsider,” infringes on its trademark.

“Bean’s actions are likely to lead the public to incorrectly conclude that Bean’s goods or services originate with, or are authorized by, Alfwear, which will damage both Alfwear and the public,” the suit said.

The Murray, Utah-based company has demanded L.L. Bean cease and desist its use of the phrase in sales of outdoor clothing.

The company claims loss of sales and profits, and asks for L.L. Bean to pay damages and attorneys fees.

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