Paul Tassin  |  March 22, 2017

Category: Consumer News

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Ivanka Trump at a party to introduce the Trump Tower Dubai. The Tar Estate, Bel Air, CA. 08-23-08A San Francisco clothing retailer is accusing Ivanka Trump Marks LLC of unfair competition.

Plaintiff Modern Appealing Clothing, or MAC, alleges that Ivanka Trump’s clothing and accessories business derives an unfair market advantage from her status as the president’s daughter and from the work that she and her husband Jared Kushner do for the president.

MAC is a California partnership that owns and operates two San Francisco businesses specializing in women’s clothing and accessories. It was founded in 1980 by family members Ben, Chris, and Jeri Ospital.

According to this unfair competition class action lawsuit, defendant Ivanka Trump Marks LLC began to enjoy an unfair advantage over MAC on the day after Donald Trump was elected president. Since that date, MAC claims, sales of Ivanka Trump Marks clothing and accessories have surged to many times what they were the previous year.

The company contends Ivanka Trump should have taken appropriate steps to avoid exploiting public office for private gain, but has failed to do so.

MAC specifically calls out President Trump and some of his staff for statements made in support of Ivanka Trump Marks’ business interests. The company cites President Trump’s condemnation of Nordstrom for ceasing to carry the defendant’s line of clothing and accessories.

The company also cites presidential adviser Kellyanne Conway’s endorsement of Ivanka Trump products during a Feb. 9 interview with Fox News. MAC points out Conway delivered that endorsement from the White House press briefing room with the White House emblem visible behind her.

Statements from White House Press Secretary Sean Spicer have also contributed to this unfair business advantage, MAC claims.

MAC argues these endorsements violate federal and California laws, not to mention constitutional restraints on the presidency.

According to the plaintiff, these endorsements originating from within the executive branch of the U.S. government “constitute false, unfair, fraudulent, and/or deceptive business practices” that violate provisions of the California Business and Professions Code. MAC’s unfair competition class action lawsuit also raises a second claim for conspiracy.

“As a result of their unlawful acts, defendants have reaped and continue to reap unfair benefits and illegal profits at the expense of plaintiff MAC and the Class it seeks to represent,” the plaintiff claims.

“Defendants should be enjoined from this illegal activity and made to disgorge these ill-gotten gains and pay restitution to plaintiff MAC and the members of the Class.”

MAC proposes to bring this unfair competition class action lawsuit on behalf of a plaintiff Class that consists of “[a]ll women’s clothing and accessories businesses in California at any time from November 9, 2016, through the date of the trial.”

The company seeks an injunction barring Ivanka Trump Marks from continuing to exploit the alleged unfair business advantage. They also seek an award of restitution, attorneys’ fees and costs of litigation, plus any other remedy the court deems appropriate.

MAC is represented by attorneys R. Michael Lieberman of the Law Offices of R. Michael Lieberman and Patricia E. Henle of the Law Offices of Patricia E. Henle.

The Ivanka Trump Unfair Competition Class Action Lawsuit is Modern Appealing Clothing v. Ivanka Trump Marks LLC, Case No. CGC-17-557575, in the Superior Court for San Francisco County, California.

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22 thoughts onIvanka Trump’s Company Faces Unfair Competition Class Action Lawsuit

  1. MINDY COFFEY says:

    I can just see these ppl @ MAC in my head kinda like 2-3 yr old toddlers “it’s unfair mommy, the other lemonade stand has more sales bc they made there lemonade better” followed by tears & tantrums. Except it’s grown adults, MAC stomping around jealous & other big companies that think they are something on a stick.

  2. MINDY COFFEY says:

    I hope Ivanka Trump makes these crybaby jealous brats reap some karma. Hey MAC, mind your own darn business! This is ridiculous!! Liberals!!

  3. Michelle Farrow says:

    Herror company was harmed by being Trump’s daughter her line was dropped by Nordstroms and Macys

  4. Susan tucker says:

    This class action is a crock of crap

    1. D says:

      Unbelievable! We finally have a true professional, respectful, talented women, who acts and dresses like a LADY, who achieved success, who represents women so well – giving up so much to support us and our Country and this is the Thanks we give her! Hopefully, the Judge will throw this case and others like it out and award Ivanka a large amount of money. Also, hopefully the Judge will charge attorneys large sanctions for Using the justice system in such an unfair manner! Just another politically motivated move! People aren’t going to buy clothing unless they like it! These type of actions make consumers not to buy from those suing! Don’t blame anyone else for your losses! Who/what do you people want to run this country ? Good luck, Ivanka! Take them to the cleaners!

      1. JS says:

        What has billionaire Ivanka and her husband “given up”. Give me a break!
        They made themselves even more wealthy with her fathers position, was “given” her own office at the whitehouse..her husband is now in charge of multiple political responsibilities he knows absolutely nothing about..with a huge salary..and you feel sorry for her? Maybe this is Ivanka putting in her two cents worth in on this site. HA! I can’t hardly believe anyone else is that nieve.

  5. DemocracyisDead says:

    They’re called Conflict of Interest laws – moreso, the Emoluments Clause – enacted for citizens’ protection – government employees are not allowed to use any government entities for personal business advertising, and Ivanka Trump has repeatedly done this. Wouldn’t be such a ‘frivelous’ lawsuit if everyone were doing it

    1. Lennon says:

      Ivanka Trump is not a government employee. I suspect she is not the first child of a U.S. president that has gained financially just because of who she is.
      MAC sounds like the rest of the angry, desperate liberals that somehow forget we live in a free country when things don’t go their way and they start throwing hissy fits like this.
      I hope MAC has to pay up big time when this is over.

      1. katie says:

        Its not liberals that its liberals who. It is a conflict of interest and a low blow

    2. Beverly says:

      CONFLICT OF INTEREST. I’m glad she is being sued. That’s why Trump has both her AND her husband up there even though they are NOT qualified and know NOTHING about what the common man or woman goes through. TO MAKE MONEY!

  6. Dedra Allen says:

    I don’t see why she should be punished because her father is president.

    1. Dee says:

      Im with you Dedra!

  7. Kitten Heels dances says:

    I saw a pair of her kitten heel pumps in navy blue at Goodwill in January. Should have bought them. All the clothes we wear in America are pretty much made overseas in slave labor sweathouses. I remember when food was cheap, and clothing was expensive–because it was Union Label, made in America, inspected by Inspector 12…Then…in the mid to late 1970’s, the Taiwan 12’s started up in stores. And American made fell to the wayside.

  8. Sandy Coulter says:

    Her clothing &b accessories are made in China. Cheap Chinese merchandise made by slave labor, contrary to what her BS lying father promised America. Anyone who buys it is a fool. You can get the same crap at Walmart for much less.

    1. Claudia says:

      Maybe you should learn how to spell first before giving life advice to other people on the internet.. in case YOU’RE wondering I think Sandy is probably a very nice WOMAN who HAS a good chance of meeting a nicer person THAN your wife who imports goods from China.

  9. ROBERT J GOUDIN says:

    This is a Ridiculous Childish Frivilous FRAUD of a lawsuit,all involved in this lawsuit will and should be Disbared and Put in Prison for 5-10 years and a $100,000 Fine for each Lawyer in this suit!What Idiots and cry babies and Losers!

  10. maria hanson says:

    I have bought a bunch of her clothing HMMMM and they were not cheap

    1. ROBERT J GOUDIN says:

      No Clothing is cheap,even WalMart is Overpriced,All is made in China for pennies on the dollars! Get a real Life Pin Head !

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