Express, the New York-based specialty store chain, is suing Wal-Mart Stores Inc. for trademark infringement and unfair competition for its “Express for Less” ad campaign. A complaint filed in Manhattan federal court Monday states Wal-Mart’s infringing mark literally communicates to the consumer that it, a discount retailer with an overwhelming nationwide presence, is offering genuine Express branded apparel of the same quality, but “for less,” at a lower, “unbeatable” price.
In the lawsuit, Express is seeking to enjoin Wal-Mart from infringing on its trademark. An advertising circular used as an exhibit in the complaint notes that Wal-Mart will match the price of local competitors on identical products.