Trademark dispute over sleepwear: court halts Aerie's "Overslept" line
A federal court in New York has temporarily barred Aerie, American Eagle's intimates brand, from selling its "Overslept by Aerie" sleepwear. A New York apparel maker had sued.
Symbolic image · Photo: Tony Webster from Minneapolis, Minnesota, United States / Wikimedia Commons, CC BY-SA 2.0 (cropped and resized)
US District Judge Loretta A. Preska in Manhattan has granted a preliminary injunction against Aerie, the intimates and loungewear brand of American Eagle Outfitters. According to WWD, Aerie may not sell merchandise under the name "Overslept by Aerie" for now. The suit was brought by New York women's apparel maker JS China Sourcing, which says it has sold nearly 1.5 million units worth more than 3.8 million dollars under its registered "Overslept" mark since 2019. The complaint was filed on 16 September, according to the court docket.
"The court finds that the defendant adopted the infringing Overslept mark in bad faith," the judge said, according to WWD. Inside Retail reported that American Eagle had spotted the mark online as early as September 2025 and ran a trademark search in October. An American Eagle representative said the company does not comment on pending litigation as a matter of policy. According to WWD, the case could still go to trial, settle or be appealed.