JC Penney Lawsuit: Retailer Sued For Trademark Infringement Amid Financial Woes

Adding to the problems that struggling retailer JC Penney (JCP) is undergoing, the company has now been sued by Zumba Fitness for alleged trademark infringement.

In its lawsuit, Zumba claims JC Penney unlawfully sold fitness apparel while “maliciously adopt[ing] and us[ing] confusingly similar reproductions of the ZUMBA trademark,” according to court documents.

JC Penney’s fitness apparel line uses the slogan “From A to Zumba,” which Zumba argues infringes on its trademark, Retail Dive reported. Zumba did not produce or license any of the products being offered by JC Penney in the promotion, according to the news outlet.

Zumba also contends that JC Penney "intentionally marketed its products under the slogan 'FROM A TO ZUMBA' to mislead and deceive consumers into believing that such products were manufactured, authorized, sponsored, approved, or licensed by Zumba,” the court documents said.

Zumba wants to stop JC Penney from being able to use the Zumba name in the marketing of the fitness apparel and is also seeking damages, profit recovery, and destruction of products and promotional materials that infringe on its trademarks.

JC Penney released its Q2 earnings report on Thursday and has been working to transform the company as it looks to bolster sales. The retailer posted a net loss of $48 million for the quarter.

Shares of JC Penney stock were up 3.86 percent as of 12:22 p.m. ET on Friday.