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Mackie says retailer tied launch to Taylor Swift album

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Mackie says apparel line could tarnish goodwill, legacy

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JCPenney not available for comment

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Mackey also sues namesake group; it calls claims baseless

By Jonathan Stempel

NEW YORK, Oct 30 (Reuters) - Bob Mackie, the fashion

designer and costumer who has outfitted celebrities like Cher,

Carol Burnett, Elton John and Taylor Swift, has sued JCPenney

for allegedly using his name, signature and likeness without

permission to sell apparel.

In a complaint filed on Wednesday night in Manhattan federal

court, the 85-year-old Mackie said he was astonished last month

when JCPenney launched its "Mackie: Bob Mackie" collection

though he had no direct involvement.

Mackie said JCPenney partnered with Bob Mackie Design Group

to create the collection, promising shoppers "signature

Hollywood glamour at accessible prices," but he was kept in the

dark despite owning 40% of the group.

He accused JCPenney of timing the launch to the release of

Swift's newest album "The Life of a Showgirl," whose album

artwork includes a costume he had designed.

Mackie said he would never have designed apparel for

JCPenney because of "legitimate concerns" it would diminish his

name and goodwill, and Bob Mackie Design Group had no authority

to provide a license.

JCPenney's apparel "doesn't reflect the work he has created

over the years," a spokeswoman for Mackie said.

Catalyst Brands, which is based in Plano, Texas, and owns

JCPenney, did not respond to requests for comment on Thursday.

Mackie filed a related lawsuit on Thursday against his

namesake group and Marc Schwartz, who has a 60% ownership stake

and once managed his personal finances, accusing him of

mismanagement, court papers show.

"Bob Mackie Design Group Ltd has full rights and authority

to use and license the Bob Mackie trademark, including the

collaboration with JCPenney," the group said in a statement.

"The lawsuit filed by Mr. Mackie is completely baseless."

Mackie is seeking unspecified damages from JCPenney for

false advertising, false association under the federal Lanham

trademark law, violating his right of publicity, and deceiving

consumers.

JCPenney has more than 650 stores. Catalyst's other brands

include Aeropostale, Brooks Brothers, Eddie Bauer, Lucky Brand

and Nautica.

Mackie's costumes have included Cher's black "loin cloth"

outfit at the 1986 Academy Awards, Burnett's curtain rod dress

in the "Went with the Wind" sketch on her TV variety show, and

John's Donald Duck and Mozart concert costumes.