CautionWear.com has announced that it has authorised its legal team to file a multi-million dollar lawsuit against US specialty chain Hot Topic for trademark infringement and unfair business practices. These activities are said to arise from the 300-strong chain's unauthorised use of the CautionWear company's registered trademark for the word mark 'Caution.'

The founder of Caution states that a cease and desist letter sent to Hot Topic has gone unanswered and it is time to "send a message to the retail industry that we intend to protect our intellectual property rights and anyone who infringes on them will be prosecuted to the fullest extent allowed under the law."

He also said in an interview that Hot Topic was formerly a customer of Caution and sold several thousand of the branded Caution Underwear. Deanna Duran of Hot Topic stated that first week sales of one style of Caution's Scented underwear sold at a 40 per cent sell-through the first week out on the racks.