Found by the Pound Sues City Foundry’s Found for Trademark Infringement

The thrift store chain says the new streetwear shop dilutes its brand — and is already causing confusion

Nov 13, 2023 at 10:14 am

COURTESY RICK WOLF

Interior of Found by the Pound, with three locations in St. Louis.

A small chain of thrift stores based in St. Louis is suing a luxury streetwear shop at City Foundry in Midtown. The issue? The word "found.

The company bringing the lawsuit, Found by the Pound, has operated second-hand stores in the area since they opened their first location in Berkeley in 2016. They've since opened up shops in the Delmar Loop and on South Grand, selling "retro, vintage, and classic rescued apparel." Only the Berkeley location actually sells its clothing by the pound.

The company argues in its lawsuit that Found, which opened in September in City Foundry, is diluting Found By the Pound's brand and causing confusion among shoppers in the area.

Found, which does business as Found Fashion, sells high-end streetwear, describing itself as a selective curator of "the most sought out streetwear designers in today's fashion."

Found by the Pound is seeking damages as well as asking a judge to issue an injunction stopping Found Fashion from using “found” — which they argue has been trademarked for this use by Found by the Pound.

Found By the Pound says that shoppers were immediately confused by the new shop. Starting in September, the company writes in its suit, many people who came into their stores congratulated them on opening their fourth location.

Found By the Pound does not mention ever registering the trademark, saying only that it has “federal and common law rights” to the name. The lawsuit notes that since 2016 they have sold around 5,000 tote bags and given out 2,500 stickers emblazoned with the "found" branding, which they say is now diminished in value.

The lawsuit includes photos of Found By the Pound locations at Delmar and South Grand, which show the word “found” in lowercase lettering prominently displayed in their signage. Found at the Foundry also prominently displays the word on its storefront, though the lettering is in all capitals.

The suit says that in September an attorney for Found By the Pound reached out to legal counsel for Found Fashion, but the latter denied any infringement was taking place. Found by the Pound then filed its lawsuit Friday.

The suit was filed by R. Emmett McAulifffe of Riezman Berger.

Earlier this year, the company that sells Mission-branded tortillas and chips and sued St. Louis-based Mission Taco Joint. That suit was settled earlier this month, and terms were not disclosed.