Letter from the Editor! | Samantha Elauf, Abercrombie & Fitch Historic Supreme Court Ruling...

Samantha and her mom in front of the Supreme Court, February 25, 2015.   |   (image source)

         NEARLY EXACTLY SEVEN years after Samantha Elauf, a practicing Muslim young woman, was denied employment at her local abercrombie kids over the lifestyle usage of her hijab, the Supreme Court of the United States of America has made a landmark, historic ruling over case EEOC v. Abercrombie & Fitch Stores, Inc., that heralds a new step in progress in the dynamics of American society and will now stand, for Abercrombie & Fitch Co., as the resounding epic closure to paramount controversy and lawsuits, on the basis of discrimination, which has been plaguing the Company for years, in the modern era, until this newfound epoch for the future...

Cameron in Scotland! | Some #SoCal News about HCo and A&F in the UAE and the UK!

Hey Dudes and Bettys!

Hope your all good this week!

I have to apologize as last week I said some of my female friends would be choosing some of their favorite #SoChill looks for Bettys but unfortunately, they haven't had time as they were at a One Direction concert. I should be able to bring you these next week.

Anyways, last week I talked briefly about the Abercrombie kids Savile Row store. I can bring you more information this week! Abercrombie & Fitch bought the building, 3 Savile Row, last summer, they then applied for planning permission to erect LCD screens on the exterior of the store and to attach flagpoles to the top of the building. They then specified that the interior would be like the A&F store which is already on Savile Row. The LCD screens surprised me as it is generally only the HCo and GH stores (such as Hollister Edinburgh and Fifth Avenue; GH Cardiff, for one example) that have these. Although I do think that the screens could look pretty cool on an a&f Kkds store.

Westminster City Council refused to give planning permission to change the interior and exterior, but have given permission for the building to be used as a shop as long as:
- No music can be heard from the street outside
- There can be no celebrity filled opening party
- There can not be any queues onto the pedestrian pavement (sidewalk) or road.
- No buggies/prams/strollers belonging to customers are not allowed outside the store either.

A&F has appealed against the decisions made by WCC, and the situation has gone to a Public Enquiry. I will inform you of any more information I discover!

Also, to all my Arabian readers out there, A&F has teamed up with Majid Al Futtaim Fashion in the UAE to develop the brand. They have planned for the first Hollister store to open sometime in the 3rd quarter of 2013 this is to open in the Mall of the Emirates, the largest shopping centre in the Middle East, and this is a massive step in the international expansion A&F have planned.

Majid Al Futtaim Ventures, the owners of Majid Al Futtaim Fashion, have also planned for an Abercrombie & Fitch flagship store to open sometime in early 2014. This is also to be somewhere in Dubai. I personally would love to see a store that looked like the one on Fifth Avenue (New York) or the Paris store. I personally think that these are two of the most iconic stores. But I guess Shanghai, opening later this year, may no longer be the last A&F opening for the time being as originally planned.

'We are very excited about the A&F joint venture and the growth potential for both the A&F brands in the region' said Ahmed Galal Ismail, CEO of Majid Al Futtaim Ventures.

A&F will need to take into account the very strict rules of the UAE and the Muslim religion.

Females are required to be covered up. They must have their shoulders and thighs covered, which obviously doesn't tie in with most of the Abercrombie tees and tanks. The mini skirts and shorts will also be a big no-go area. They are also not allowed to wear tight or transparent clothing. Men must have the upper part of there body covered if they are not at a beach (No, a HCo beach house doesn't cut it ;)). This obviously affects the greeters at the Hollister store and the Hottest Lifeguards when they promote the store. I don't think we'll see anything like a normal store opening, with 100 odd lifeguards. There must be no dancing or playing loud music in a public place, so the store will be exceptionally quiet opposed to what it usually is. And finally, the A&F adverts will need to be toned down as 'erotic' or 'sexual' advertising is strictly not allowed either. Overall, I expect the A&F expansion into the UAE will be very different to the usual stores and advertising.

That's it for this week,

Stay FIERCE!

~Cameron
You can follow me on Instagram: Cameron_Johnstone

3 Savile Row, London

Abercrombie & Fitch Dublin Advertisement REMOVED!

On-site advertising for A&F Dublin as seen in late-June 2012.
Photo by Patrick Mooney for The Sitch on Fitch.

You read right. The massive Abercrombie & Fitch advertisement over the hoarding wall at 34 College Green has been removed. It has been gone from the sight of passersby since at least September 19. An apology from your Editor-in-Chief...our Dublin correspondent, Patrick, actually notified us of the development on the day, but this, in an instance of rarity, went unnoticed until yesterday.

Indeed, the advert has gone down and because of the claim that the Company actually had no planning permission for it. The Dublin City Council is the entity behind the removal. The Council began its legal proceedings around the time it issued a warning letter to Abercrombie & Fitch addressing the issue at hand.

Abercrombie & Fitch had the imagery plastered up since the latter half of June 2012. The Company later on applied for permission to keep the imagery up for the remainder of the construction process on site. This notice was placed outside on July 31...

According to the TheJournal.ie, an Irish news media site, the matter was going to go to court in October. Now, since the upcoming A&F store is scheduled to open in November, there really is no point in going through all the trouble of bringing back the advertising? It would have been taken down in a few weeks anyway. Readers of the article TheJournal.ie released about this development left some interesting comments. Most seemed to think it was ridiculous for the Council to have acted upon removing the ad. You can read their comments (here).

Stay FIERCE!

Fake Hollister Store in Ireland Shut Down...

Looking cool for the opening of Ireland's first, and currently only, Hollister.
Dundrum Town Centre, July 2011 | (image source)

The presence of the Abercrombie & Fitch company in Ireland has been a major topic this year. Principally, this is do to the hype surrounding the much anticipated opening of the first A&F Flagship in Ireland, come Christmas 2012, in the Dublin capital. But many also wonder whether the Company will introduce another Hollister store in the foreseeable future. After all, there is only one Hollister in Ireland – that highly successful shop at the Dundrum Town Centre shopping center – and it is the only shop serving the mass of Irish fans of authentic SoCal cool...

Well, that was until one man decided to capitalize on the situation and open a shop of his own.

Out on the other side of Ireland, on the west of the Irish island, operated a small little "Hollister" shop which purveyed a limited collection of HCo merchandise. The owner of the place? Not Abercrombie & Fitch for sure. It was Max Kulczynski (picture), age 27, a fisherman by profession, and originally from England, who opened the fake store in the back of his home in early-April 2012 in Kilkee, County Clare – a small coastal town mostly known as a seaside resort. Unfortunately for Kulczynski, he was uncovered and the fake retail fantasy ended soon enough.

The Irish police force – the Garda Síochána na hÉireann, more commonly referred to as the "Gardai" (guardians) – entered the two-roomed place, with a search warrant, on May 18, and raided the false shop. At the time, 14 people were found shopping inside when the police also found 596 items of merchandise valued at EU€30,000.00 (US$36,818.00 / GB£23,423.00). While the store was a fake, the merchandise was not. Kulczynski had purchased them all from the Hollister store in the Indian River shopping center of Vero Beach, Florida, during his previous three month stay in the US state: "he had obtained the goods [...] through another person employed in the retail clothing business, and employed a separate company to ship the clothes to Ireland."^{[source 1]} Kulczynski had one room for men and for women individually in the HCo mock-store which police also discovered stocked other clothing brand names. It has not been shared what exactly the man was charging people for the goods, and neither is it known as to how much he had actually managed to sell before the raid.

The offense is clearly the operation of an unlicensed, counterfeit retail store reselling merchandise; it is in violation of the 1996 Trademarks Act which states that "it is illegal to sell trademarked goods from the US in Ireland unless they are licensed to be sold here and the manufacturer has given consent."^{[source 2]} Kulczynski was taken to court and he made his appearance – "[remaining] silent throughout the brief hearing" – at the Ennis District Court on July 13. However, Abercrombie & Fitch did not seek costs and merely ordered the return of all merchandise to the Company.

Take note that Abercrombie & Fitch Co does not franchise any of its retail locations. All A&F Family stores are directly owned and managed by Abercrombie & Fitch Co ensuring authenticity and quality....

Stay FIERCE!

Million Dollar Scandal! Former Abercrombie Store Model Sues the Company Over 'Sexual Predator' Allegations...

Ex-A&F store model Ben Bowers, plaintiff in lawsuit over sexual allegations.
Image by vsionlosangeles.com  |  (image source)

What does one have to do to achieve the desirable relaxed and sensual look in photography? Well, according to a former Abercrombie & Fitch store model, he was asked to bare all his flesh and give himself a touch of his hand...masturbate in front of the camera! So boldly alleges Benjamine "Ben" Bowers who was an eighteen year-old at the time when he went in front of the lens – on 17 June 2011 at Jackson, Mississippi – for photographer Brian Hilburn...the guy identified in the lawsuit as a "sexual predator."

And what in the world does Abercrombie & Fitch have to do with this alleged incident? Models who do not make the final cut for A&F marketing campaigns are instead directed towards recommended modeling agents. As Bowers has shared, it was an A&F Casting director who referred him to Hilburn. And as Bowers strongly furthers, "Abercrombie & Fitch and Hollister Co. are delivering the names, photographs, addresses and telephone numbers of its young employees to a sexual predator."^{[source 1]}

So is the basis of this scandal which also references victims, not just Bowers, but "young and vulnerable employees [who] are instructed to pose nude and masturbate in front of Hilburn while he photographs and videotapes them. Instead of being rewarded with a selection as a coveted model for Abercrombie & Fitch or Hollister Co., the young employees are subjected to shameful and embarrassing sexual harassment."^{[source 1]} Thus, Bowers, the plaintiff in the lawsuit, is presented as being but one of supposedly numerous models to whom this has occurred. He's furthermore stated that he complied, scared and confused, because he was intimidated by Hilburn who affirmed that Bowers had to acquiesce to establish a career:

"Specifically, Hilburn stated that there is a specific 'relaxed' look that characterizes the expressions on the faces of the most successful male models in the industry. Hilburn told plaintiff that he had tried various methods to replicate this expression on the models he shoots, including giving them alcoholic beverages before the shoot and even having them masturbate in another room before coming in to be photographed; however, he discovered the most effective method was for the model to masturbate in front of the camera so the facial expression could be captured on film immediately after orgasm. Hilburn also stated to plaintiff this was an industry secret he heard from a photographer in New York. Hilburn stated to plaintiff that this 'look' is what all photographers expect from models, so naturally, he had to go through this procedure in order to generate the best photographs for introducing plaintiff to the industry." – excerpt from complaint (source)

Bowers even says he was given an iPad with pornography, and that it wasn't long (no pun intended!) before Hilburn exposed his own penis to him – supposedly to engage Bowers – and even made comments regarding their genitalia. Ultimately, the former A&F store model states that Hilburn's industry-insider-masturbation-method was made up only to get Bowers naked and to perform the sexual act, photographed and videotaped, for the photographer's personal sexual-predatory pleasure...

If the entire thing is true, then it's kinda stupid Bowers didn't realize that and walk out on the spot. Surely, we've all heard the dreadful retelling of aspiring young models who end up in a nasty situation by abusive photographers. Most often, you hear about the sexual advances and sexual harassment which befalls the naive unaware of the realities of the industry and of the predators lurking within...

Regarding Bowers' case, we know not more then what is alleged by the plaintiff and it's all up for the Superior Court to decide whether to rule in favor of the plaintiff (Bowers) or the defendants which are named in the 41-page complaint, carrying fourteen causes of action, as being Abercrombie & Fitch Co., Abercrombie & Fitch Stores Inc., Abercrombie & Fitch Trading Co., J.M. Hollister LLC, Hollister Co. California LLC, a woman by the name of Daisy Ashburn, Brian Hilburn and AIG Model & Talent Management LLC. The plaintiff, Ben Bowers, is being represented by Matthew Panagiotis (Zomber & Panagiotis) and is seeking US$1 million+ in damages for fraud, negligent misrepresentation, fraud in the inducement, rescission due to fraud, breach of contract, breach of fiduciary duty, fraud, deceit, sexual harassment, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and negligent hiring and supervision.^{[source 1]} ...Yeah, that's quite a load!

We'll see how this turns out as legal proceedings further develop...

Stay FIERCE!

Abercrombie Elliminates Fake Online Store Using the "N-word"...

Counterfeit pants sold on fake online site with controversial labeling.  |  (image source)

This is explosive!

On March 22, word spread across the internet that Abercrombie & Fitch was selling "Nigger Brown" pants! But the whole thing is completely untrue and shocking!

The source of the controversy is a fake online store registered to a man by the name of Patrick Welch with a mailing address in North Carolina and an email address in Hong Kong.^{[source 1]} Operating its counterfeit business with the A&F logo, the Chinese-registered site featured cargo pants with the label "Abercrombie & Fitch mpa11 Nigger Brown Pants men." After the item gained attention, word began spreading like wildfire. Naturally, the reality of the situation got lost somewhere along the way – as it always happens with all scandals – and people just kept saying Abercrombie was selling racist pants with the N-word.

People began posting on the official A&F Facebook page by 4:30 PM (Eastern Standard Time). By the sound of some of the comments, the administrator of the page was initially deleting the posts of people complaining about the scandal by possibly attempting to keep it down while the Company dealt with it. One user commented, "You can take down my post as I figured you would, I have already sent it to my over 600 facebook friends, and asked them to share it with their friends as well." By 5:53 PM (EST) a screenshot of the fake site was uploaded by another A&F fan on Facebook demanding an explanation....Abercrombie & Fitch now responded, "This is NOT our site and is NOT affiliated in any way with our company. We condemn the use of this word in any form."

By 7:05 PM (EST), Abercrombie & Fitch released a statement for everyone to read on its page: "It has come to our attention that counterfeit websites have posted an image that in no way reflects the Abercrombie & Fitch brand values or beliefs. Abercrombie & Fitch has a zero tolerance for discrimination and we do not condone racist language. We have initiated legal proceedings to shut down the counterfeit websites in question."^{[source 2]}

Not only was the Company referring to that one fake site, but of countless other counterfeit business websites which copied the naming of the pants.^{[source 1]} In a world where consumer power is greatly influential and empowered by social media, A&F acted quick to shut down the sites as a demonstration that it will not stand for derogatory language to be associated with its goods. The site which originally started it all has been shut down as of now. Supposedly, the inclusion of "nigger" was an error in translation of "dark brown" in Chinese to English. As the Business Insider shared, a couch with the same description was found online in 2007.^{[source 3]}

This whole scandal has furthermore brought light to the fact that the counterfeit of A&F goods in Asia is a continuous issue that has really got to be dealt with more aggressively. The Company stepped up its efforts to combat counterfeit of its brands back in 2006 when it hired former FBI agent Shane Berry to lead its Abercrombie & Fitch Brand Protection team. Anti-counterfeiting staff was increased in Europe and in Southeast Asia with a more intense pursue of the illegal activities in Taiwan, China, Hong Kong, Japan and Korea – only Japan has A&F stores, and Singapore has one, too; and the brand will officially enter the Chinese market later this year with a flagship in Hong Kong.

The official websites for the A&F Family brands all carry a link to Brand Protection:

• A&F Brand Protection (here) / abercrombie.com
• abercrombie kids Brand Protection (here) / abercrombiekids.com
• Hollister Co Brand Protection (here) / hollisterco.com
• Gilly Hicks Brand Protection (here) / gillyhicks.com

The official retail stores and the official online stores for the A&F Family are THE source for their authentic goods. Buy an item somewhere else and you run a high-risk of having purchased counterfeit merchandise. As devoted fans of the Company, we understand the value of its brands, the awesome in-store experience, and the cool feeling you get from purchasing from their incredible shops and from their official e-commerce sites. Help shut down the counterfeiting by reporting the illegal businesses to the Company!

Stay FIERCE!

Abercrombie Gets Swiped into Lawsuit Over Gift Cards...

...And fate sure loves to bring A&F loads of controversy and lawsuits!
Original photography from 'FIERCE' Christmas 2009 featuring model Nick Bateman.

Christmas 2009 was an interesting season. Themed 'FIERCE', it was marked by the opening of A&F Milan and the first Abercrombie & Fitch in Asia – A&F Ginza in Tokyo. Back in the States, sales had been slipping considerably because of the recession and A&F was loosening up in giving customers promotional incentives to shop at the stores...

It was during the month of December of that year that Abercrombie & Fitch dished out promotional gift cards, carrying a value of US$25, to shoppers who spent US$100 or more. One of those shoppers was Dorothy Stojka who ultimately received 3 cards for a total of US$75 worth. Stojka later gave these cards to her acquaintance Tiffany Boundas. So, months go by and Boundas drops by Abercrombie & Fitch in Oak Brook, Illinois, in April 2010. Up to the cash wrap/tills she goes with her 3 cards only to be told that the cards were voided – that they expired – on 30 January 2010.

What's the problem? The cards themselves are printed with "...no expiration date." As can be imagined, it must have been a little humiliating, but more so infuriating, going up there, expecting your cards to go through, only to be told that they are no longer valued. Boundas and Stojka both proceeded to file a class action lawsuit against Abercrombie in the US District Court for the Northern District of Illinois. They argue that A&F breached contract when the Company voided the cards. A&F then fired back by stating that the cards originally came in a sleeve which stated the January 30 expiration date and that there were customers aware of the date. The cards were meant to be given to customers in that sleeve. The thing is, though, that the cards were nevertheless printed with "no expiration." Also, a store employee could have given the card without the sleeve or customers who did receive the card with sleeve could have passed it on without. As US District Judge Gary Feinerman stated, "[The] only open question [is] whether the cards expired on January 30, 2010, in which case Abercrombie did not breach, or never expired, in which case [A&F did breach]."^{[source 1]}

Thus, the class action suit has gone forward. Stojka was dismissed and Boundas was appointed, by Judge Feinerman, as the class representative as she was the one who was told her cards expired: "The class in this case consists primarily of individuals holding an Abercrombie promotional gift card whose value was voided on or around January 30, 2010. That criterion is as objective as they come. The class also includes individuals who threw away their cards because they were told that the balances had been voided. That criterion is not as objective as actually holding a physical card, but anybody claiming class membership on that basis will be required to submit an appropriate affidavit," furthered Judge Feinerman.^{[source 1]}

Subsidiary issues and defenses:^{[source 2]}

1. "Whether Abercrombie was contractually obligated to honor the promotional gift cards..."
2. "If so, whether the contract’s terms are set forth on the gift card alone, the sleeve alone, or the card plus the sleeve; and..."
3. "If the terms are set forth on the card plus the sleeve, whether the card trumps the sleeve or vice versa."

Interesting stuff, wouldn't you say? And you know, that the cards would have been set to expire on January 30 makes complete sense. That would have been by the time that the Christmas 2009 season ended. The cards were likely intended to have been used only until the end of that season. It was a promotional offer for Christmas 2009, after all. Apparently, that wasn't obvious to all and, as a result, now there is legal argument over the matter.


Only gift cards purchased by customers are the ones that do not have an expiration date. Cards given out for merchandise credit, when a customer returns merchandise without a receipt, expire one year after they are issued. Cards given as promotional offers are subject to a set period of time for when the offer will be valued and for when it will expire.

You should always check online the A&F brands' sites for details on all ongoing promotional offers as the details are always made available for you there.

Stay FIERCE!

Abercrombie Tells Sorrentino to Drop It and Take a Joke!

Remember when The Sitch on Fitch posted about Mike "The Situation" Sorrentino filing a lawsuit against Abercrombie & Fitch? That was on November 16... Well, A&F has just told him to slow down!

'The Fitchuation' tee
as seen on abercrombie.com
Summer 2010.

Abercrombie has pointed out that its humor tees from Summer 2010, which included phrases like "G.T.L. / You know the deal / Fitch" and "The Fitchuation," are protected under law which "allows parody as a part of free speech." It was all good-humored fun and doesn't step on anyone's legal toes. Furthermore, Sorrentino only applied for the trademarks to "The Sitchuation" and "G.T.L." but does not own any to them at all. His applications, filed after the tees were even sold, were even initially dismissed way back in September 2010. Basically, A&F is telling him he has no solid foundation for the lawsuit and to just drop it.

Oh, and Abercrombie's telling the fist-pumping guy to learn to take a joke!

Stay FIERCE!

Sorrentino vs. Abercrombie & Fitch... The Situation Gets FIERCE!

"Peace" is the last thing on The Situation's mind right now. | (image source)

Mike "The Situation" Sorrentino has made it clear that he is not to be played with, Abercrombie boys & girls! Along with his MPS Entertainment LLC, The Situation filed a lawsuit within the Southern District of Florida of the United States District Court on November 15 against Abercrombie & Fitch - no joke! Officially titled MPS Entertainment LLC et al v. Abercrombie & Fitch Stores, Inc., the lawsuit charges A&F of 15:1114 trademark infringement - the "reproduction, counterfeit, copy, or colorable imitation of a registered trademark in connection with the sale, offering for sale, distribution, or advertising of any goods" likely to create confusion among consumers. Basically, A&F is accused of taking the image of Mike "The Situation" and having incorporated it into its commercial practices for profit.

Woa, what?! Yes. What was meant to be a "joke" in part of Abercrombie & Fitch back in August has now escalated into a courtroom battle. Mike "The Situation" did not take A&F's public relations joke lightly about him being a "concern" that could "cost significant damage to [Abercrombie & Fitch]." After all, A&F had no problem with Sorrentino when A&F stores began selling tees bearing phrases like "The Fitchuation" and "G.T.L. You Know The Deal" back in Summer 2010. The August 2011 'Abercrombie & Fitch Proposes a Win-Win Situation' news release was complete stunt, a stupid joke, that backfired and now has A&F pinned against Sorrentino...

"Starting August 2011, Defendant (the company) [Abercrombie & Fitch] embarked on a grand, worldwide advertising campaign using Sorrentino's name, image, and likeness to create a brand awareness for its products by falsely claiming that [the] Defendant had offered money to Sorrentino if he would stop wearing [the] Defendant's goods." - as quoted by MSNBC.com

Claiming that it was "a grand, worldwide advertising campaign" may sound completely over-the-top. However, keep in mind that Abercrombie & Fitch did announce the August 2011 stunt as a news release and promoted it on its official Facebook page (which had more than 5 million 'likes' worldwide at the time). Immediately, the whole thing made media headlines and went global! Everyone was talking about it - even people who don't even care about A&F - here in the States, particularly, and that is "brand awareness" in itself...

Straight up, Abercrombie & Fitch has benefited from its scandalous run-ins with Sorrentino - all of which A&F instigated - but the allegations of trademark infringement are disputable. (Well, duh! That's what court's for!) A&F did sell tees, bearing "The Fitchuation" and "GTL," inspired by the popularity (or, rather, notoriety) of Sorrentino's public image. However, "The Situation" and "GTL" were not legal trademarks at the time when the A&F tees were being sold and Sorrentino's application for trademark protection was dismissed by September 2010. Sorrentino is also suing another company for using "GTL," but that defendant stands on the grounds that, although he filed for a trademark, Sorrentino has no exclusive rights to "GTL." Nevertheless, pertaining to Abercrombie & Fitch, Sorrentino is pushing ahead with his lawsuit, not merely because of the usage of "The Situation" and "GTL," but because of the deliberate implementation of his "trademark" image in A&F advertising and promotion: he is asking that A&F be ordered to "pay [him] three times damages" and to "pay a reasonable royalty in the amount of $1 million plus exemplary and or punitive damages in the amount of $3 million."

As of now, A&F has yet to respond to the lawsuit, but we'll definitely keep you posted on the matter!

Stay FIERCE!

Muslim Girl Wins Legal Battle Against Abercrombie & Fitch...

It's been settled. The long, three-year lawsuit by Samantha Elauf (represented by the Equal Employment Opportunity Commission), on the grounds of religious discrimination, against Abercrombie & Fitch, has been settled. In 2008, the then 17 year-old Muslim girl was denied a position at her nearest abercrombie kids store in Woodland Hills Mall in Tulsa, Oklahoma. Why was she turned down? Simply because her Hijab supposedly didn't go with the Look Policy - the image the store models are supposed to project. Store associates aren't supposed to wear headwear, and the Policy allows for aspiring associates to request an exception. But the point, I figure, is that you shouldn't have to "require an exception" when it comes to religious matters.

This is so not the first time Abercrombie & Fitch has been under legal tensions for discrimination. Oh, no. In fact, its history from the late-1990s and early-2000s is plastered with claims of discrimination on all levels. The 2003 ruling in the Gonzales v. Abercrombie & Fitch case - "[Abercrombie & Fitch] violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practices that excluded minorities and women and adopting a restrictive marketing image, and other policies, which limited minority and female employment" - was a landmark that has reshaped the Company in modern day. Why else do you think the Company now places an emphasis on diversity in its work environment? In the case of Ms. Elauf (represented by the EEOC), I guess old habits never die - do they, Abercrombie?

Nevertheless, there seemed to be no malice in the part of the managers. As Deon Riley of human resources for Abercrombie & Fitch commented, there are too many managers to be properly trained for the most "touchy" issues. The hijab just didn't fit with what corporate laid out as the associate look, and the managers simply followed policy. Elauf, who battled till the end, was given $20,000 USD. "We've kind of watched her grow," mentioned Barbara Seely from EEOC, "And she deserves every dime of compensatory damages that she will be getting." Naturally, A&F declined to comment...who doesn't decline to comment when they've faced loss of face? hmm. On a final note, Elauf stated, "stand up for yourself, and don't let anyone tell you you're not good enough to work somewhere."

P.S. Last year, in our A&F Sued Over Religious Discrimination post, we highlighted a previous, similar incident.

Suing Over the Seagull

The iconic Hollister Co. seagull, renown the world over for its SoCal cool, is not to be messed with! | design by Abercrombie & Fitch Co.

There are many, many low key brands out there that are trying to emulate the success and iconic status that surrounds Hollister Co. And Abercrombie & Fitch is not going to allow these copy-cats to benefit from years of meticulous image development and global brand value. The Company has filed a lawsuit against Surf Style for trademark infringment. Surf Style, based in Florida, sold merchandise that carried the HCo seagull logo in its graphics designs. Take a look for yourselves here. Honestly, how idiotic can those people running that business be? Did they seriously think that they had come up with that seagull design purely from original brainstorming? No. It is quite obvious that they are aware of the Hollister brand because it's image dominates the surf-inspired clothing industry. Well, Surf Style is now in over its head. Abercrombie & Fitch had given it a cease-and desist order over another incident last year, and it apparently ignored. Now, that little Florida company had better get ready for a high-tide of legal issues it may well not fare well from.

Abercrombie Gets Re-Sued Over Stitching

Right: A pair of Levi Strauss jeans; left: a pair of A&F womens jeans.

The SF Appeal reports that a legal battle between Levi Strauss & Co. and Abercrombie & Fitch is back on. The San Fransisco 9th U.S. Circuit Court of Appeals overturned on 8 February 2011 a 2009 ruling over the lawsuit by Levi Strauss over A&F. The lawsuit (filed in 2007) deals with the fact that Levi Strauss believes A&F has "weakened the value of the trademark arch pattern on the back pocket of Levi's blue jeans." According to Levi Strauss, the back stitching of A&F's jeans for women implements a similar version of the Levi's signature stitching. To that effect, Levi Strauss conducted survey in which 30% of its participants said that they though both jeans were made by the same company. A&F fired back by calling the whole thing flawed. U.S. District Judge Jeffrey White concluded, in 2009, that Levi Strauss had not proven that the designs were identical or near identical and ruled in A&F's favor. But now a panel of judges have brought into light the "correct standard" of the Trademark Dilution Revision Act which says that the trademarks don't have to be identical or near-identical but similar and resulting in blurring recognition by the consumer.

First off, the whole thing sounds like a completely pathetic attempt by Levi Strauss to bring down any form of competition. And at first, the "similarity" is not noticeable. But after careful study and some serious mental visualization, it can be seen why Levi has a pursued this. Look at the back stitching of a pair of Levi's jeans. Pretend that there is a hinge on the point were the two arches meet. Now swing the right arch over to the left so that the two overlap...now do you see the "similarity" with Abercrombie's womens jeans? But you have to use a lot of imagination and do a lot of visual movement to finally make out the Abercrombie pattern truly similar to the Levi's pattern in your mind.

Does that matter? Hollister's bettys jeans also make use of arches in the back pocket stitching. Does that mean the Levi Strauss is going to sue Abercrombie & Fitch for placing the Levi's arches triumvir-style on either side of each HCo. pocket, too? If Levi Strauss wants to play like that, then Abercrombie & Fitch should sue in return for the use of A&F's signature gray and white on levistrauss.com! Hell, why don't we all find stupid similarities between one another and sue the hell out of each other for our unique rights!?! Just saying...