Judge Rejects Tribe of Two’s Trademark Claim Against Tod’s, Citing Weak Mark and No Consumer Confusion

U.S. District Judge Jessica G. L. Clarke granted summary judgment to Italian luxury brand Tod’s S.p.A. in a suit brought by Tribe of Two, LLC, ruling that the small handbag maker’s Double T logo was too weak and distinct from Tod’s to cause consumer confusion.

Tribe of Two, founded by former model Brenda Schad, sued Tod’s and its U.S. distributor Deva, Inc., alleging the luxury brand willfully infringed on its registered Double T mark used on handbags priced from a little under $1,000 to over $3,000.

The court found that Tribe of Two’s mark lacked marketplace strength, citing the company’s minimal sales and advertising. Between 2012 and 2022, Tribe of Two generated revenue of approximately $0.20 million of roughly 200 bags, with no evidence of television, radio, or third-party website advertising.

In contrast, Tod’s Double T products, which debuted in September 2015, generated at least $34 million in sales between 2016 and 2022. Tod’s distributed its products through boutiques, department stores like Saks Fifth Avenue and Nordstrom, and its own website, while Tribe of Two relied on house parties, trunk shows, and its own website.

Judge Clarke noted that while both marks featured interlocking T’s, they created different overall impressions. Tribe of Two’s mark was vertical, resembling a Roman numeral II, and used straight, block lettering. Tod’s mark was horizontal, featured rounded edges, and included a noticeable gap between the T’s.

The court also found no evidence of actual confusion. Tribe of Two identified only three instances of potential confusion, involving two of Schad’s friends who recognized the distinction between the products and a customer at a Tribe of Two event who declined to buy a bag because she “didn’t want people to think that they had been given a Tod’s bag.”

“Even if the similarity-of-the-marks factor weighed heavily in favor of Plaintiff, it would not be enough to overcome the minimal likelihood of confusion,” Clarke wrote.

The court also granted the parties’ motions to seal confidential financial information and denied their Daubert motions as moot.

Defendants are directed to file a letter by May 18, 2026, confirming whether they intend to pursue their counterclaims for trademark infringement and cancellation of Tribe of Two’s registration.