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Chrome Hearts, Nordstrom, and Contemporary Fashion’s Rebuke of the Logo

Writer: Danny Cavanna
Danny Cavanna
4 hours ago
3 min read

Over the past decade, the emergence of a rapid-paced trend cycle, driven by virality and product accessibility, has led to a rise in the popularity of inexpensive knockoffs of luxury goods, known as “dupes.”[1] A few brands successfully outlast single trend cycles to become fixtures of Contemporary American aesthetics; one such brand is Los Angeles-founded Chrome Hearts. [2] No brand has so successfully captured the rock and roll, anti-establishment aura quite as well, and the brand’s ubiquity among talent industries has anchored the brand’s position as a mainstay of Contemporary American Fashion.[3] Chrome Hearts, though, is not known to consumers by its logo; rather, the brand's distinctive silver gothic cross is its calling card.[4]

 

In early June 2026, Chrome Hearts filed suit against department store Nordstrom, bringing claims of trademark infringement and counterfeiting, false designation of origin, unfair competition under California Code, and common law trademark infringement.[5] The complaint alleged that Nordstrom sold jewelry and accessories that employed designs that were “substantially indistinguishable” from Chrome Hearts’ federally registered “CH Cross” and “CH Plus” trademarks.[6] In particular, a Nordstrom-designed belt uses the silver gothic cross to almost exactly mimic a belt designed by Chrome Hearts.[7] The complaint raises fascinating questions relating to the nature of ornamentation and iconographic imagery as potential design elements that may be deserving of trademark protection.[8] Though the dispute settled out of court in September, it provides a relevant lens for examining how brands may assert that design motifs be protected as recognizable brand indicators worthy of protection.[9]

 

As trademark protection is most easily acquired for marks that are inherently distinctive in some way, a brand like Chrome Hearts can most successfully deploy trademark protection of its design elements if it can prove its decorative elements are inherently distinctive.[10] Though the dispute settled out of court, the protectability of the brand's gothic cross motif presents a challenge, as generic marks will never be protected as a trademark, regardless of how extensively the mark is used.[11] Although the gothic cross is distinct from a typical cross, the post-pandemic trend cycle has revitalized the discussion of the fashion industry’s use of the religious symbol, and the ubiquity of modified cross designs creates a distinctiveness challenge for Chrome Hearts.[12] Though exploring whether or not a modified cross–here, a gothic cross–can exist as a protectable asset implicates the murkier debate of how religious symbols can and should be used in non-religious ways[13], the cross's preeminence among contemporary jewelry trends is clear.[14]

 

As the modified cross elements Chrome Hearts intended to protect are incorporated as product design elements in a variety of accessories, protection may rely instead on Chrome Hearts’ ability to prove the contested marks are deserving of trade dress protection, which requires proof that the mark has a secondary meaning resulting in distinctiveness.[15] Given the ubiquity of the cross in recent trend cycles, Chrome Hearts likely would have fought an uphill battle in demonstrating a clearly defined secondary meaning of the gothic cross motif. By settling out of court, the parties avoided this contention. Given the brand’s popularity and its notable brand protection efforts, similar questions arise about how its iconic design motifs will be understood as elements within the broader landscape of trademark and trade dress protection.

[1]See Shamsian, Fashion Victims: Dupes Are A Serious Problem, Above the Law (Dec. 7 2023), https://abovethelaw.com/2023/12/fashion-victims-dupes-are-a-serious-problem/ (explaining recent development of consumer culture driven by access to inexpensive alternatives of more expensive products).
[2] See Asare, Chrome Hearts Is To Gen Z What Supreme Was To Millennials, Coveteur (June 11, 2026), https://coveteur.com/chrome-hearts-trend (describing Chrome Hearts’ influence, especially among Gen-Z consumers).
[3]See id.
[4]See Hine, The Elusive Family Behind Chrome Hearts, Fashion’s Most Unlikely Empire, GQ (April 22, 2022), https://www.gq.com/story/chrome-hearts-origin (clarifying the history and identity of Chrome Hearts distinctive style).
[5]See Complaint at 1, Chrome Hearts LLC v. Nordstrom, Inc., No. 2:26-cv-06078-CAS-ASx (C.D. Cal. June 4, 2026).
[6] See id. at 7
[7] See id.
[8] See id.
[9]See Lupo, Roque, & Caylor, Crossing the Line: Chrome Hearts v. Nordstrom and the Boundaries of Design Mark Protection, ArentFox Schiff: Fashion Counsel (Aug. 5, 2026), https://www.afslaw.com/perspectives/fashion-counsel/crossing-the-line-chrome-hearts-v-nordstrom-and-the-boundaries-design (explaining the basis of the issue of law at the center of Chrome Hearts and Nordstrom’s and how brands may navigate similar situations).
[10]Acquiring Trademark Rights and Registrations, Practical Law Practice Note 2-505-1700 (Westlaw).
[11]Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992).
[12]See Misty White Sidell, A Hot Accessory, at the Intersection of Faith and Culture, N.Y. Times (Apr. 29, 2025), https://www.nytimes.com/2025/04/29/style/cross-necklaces-christian-faith.html.
[13]See Vitória Rodrigues Bernardo, Christian Symbology in Vogue Portugal and the Influence of Religiosity on 21st Century Women's Fashion (Jan. 26, 2026), 47, https://ubibliorum.ubi.pt/entities/publication/78500760-bcbd-4c48-915e-d2866dc16fa7.
[14]See Camille Freestone, How Cross Jewelry Became a Fashion Statement, ELLE (Dec. 18, 2024), https://www.elle.com/fashion/a62696729/cross-jewelry-fashion-statement-trend-explained/.
[15]Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205 (2000).
 
 
 
 

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