Legal Matters. There’s a Whole Lot of Suing Going On!

July 28, 2008 • Fashion


Now that times are tough, expect more of this!

Case #1: According to WWD, Burberry Ltd. has accused Ever Mode Inc. and Amelie Zhou, a principal of the New York-based business, of trademark infringement and dilution. Ever Mode has apparently sold counterfeit handbags, jackets and hats that display the Burberry Check and Burberry Knight or similar reproductions of both trademarks. Burberry is seeking an injunction against the further sale of these goods, the destruction of all products found to be infringing, statutory damages of as much as $1 million for each counterfeit or infringed trademark and other damages.

Case #2: Diane von Furstenberg
Studio LP has accused Mango On-line Inc. of copyright infringement. The Spanish retailer is accused of producing and selling dresses and tops bearing prints almost identical to Diane von Furstenberg’s copyrighted Macaroon Stripe Design and Tahitian Maze Design through its international stores and website. DVF also alleges that Mango agreed to halt the sale of the infringing garments in a June 2 e-mail but continued to offer them as late as July 2. Diane von Furstenberg is seeking an injunction to stop Mango’s further sale of the garments, a worldwide recall from commercial distribution, the destruction of any garments found to be infringing and unspecified damages. Mango said it had not copied any of the designs and that the prints of its designs have been created by providers that it trusts. However, Mango has stopped selling the items in the U.S. and online until the litigation ends.

Case #3: New York-based textile converter Cameron Industries Inc. has accused four retailers of copyright infringement in two separate suits. Charlotte Russe Merchandising Inc. is accused of using a plaid pattern in its designs that infringes on the copyright of Cameron Industries’ fabric known as Pattern No. 1125.

In a separate suit filed in Manhattan federal court on July 15, Cameron accused Los Angeles-based Forever 21 Inc., New York-based manufacturer Mango USA Inc. and New York-based Conway Stores Inc. of copyright infringement. According to court documents filed on July 15 in federal court in Manhattan, the three retailers used a pattern that infringes on Cameron Industries’ Pattern No. 1196 plaid fabric.

Source: WWD

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