A Massachusetts-based sculptor is suing Sean “Diddy” Combs over the design for the bottle of his popular Unforgivable fragrance.
In a lawsuit filed last week in Springfield federal court, Tom Patti claims that Combs stole the copyrighted designs of his one of his creations, Compacted Gray With Clear and Ribs and Modulated Solar Airframe, in order to create the bottle for Unforgivable.
He is suing the entertainment mogul for copyright infringement, trade dress infringement, and unfair competition, which stems from “defendants” improper taking of Tom Patti’s designs and the associated goodwill through Defendants’ unauthorized use of the product configuration and packaging for its Unforgivable cologne product.”
The suit, which also named Sean John Clothing, Inc. and Estee Lauder Companies, Inc. as defendants, further noted that Unforgivable debuted around the same time that Patti’s designs were exhibited at the Heller Gallery in New York in 2006.
According to the artist’s lawyer Steven Roth, the similarities between the bottle and his clients designs are to obvious to be ignored.
“Tom Patti is a world famous glass artist whose work is displayed in the Louvre, the Met and MOMA. Ever since Unforgivable came out in an imitation cradle, similar to Tom Patti’s work, people have been questioning the similarity of the two works,” Roth told E! News, adding that the comments prompted his client to “take action against Sean.”
“Significantly, in the author’s view, ‘[s]imilarities between Patti’s sculptures and the ‘Unforgivable’ design include the choice of color, the architectural elements, the proportions, the exposed ridges, the layers, and the curved top.’”
As a result, the suit alleges the confusion has damaged Patti’s “goodwill and hard-earned reputation” as well as caused a loss of “sales, and/or other opportunities for monetary relief.”
Since its debut, Unforgivable has emerged as a leading fragrance among consumers.
The success of the scent resulted in the release of Combs’ latest fragrance I Am King.
Both brands captured the attention of the public with promotional campaigns in various print, television, radio and online outlets.
According to Roth, Unforgivable’s sales were enhanced by the bottle’s attractive shape.
The attractiveness of the scent can be directly linked to Patti’s designs, he added.
A representative for Patti revealed that that the artist would have to prove the Unforgivable cradle designer had knowledge of Patti’s work or access to the work.
Patti is seeking unspecified amount of money from the suit as well as a court order to halt the use of design due to the copyright infringement.
