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Legal Briefs

Louis Vuitton, Cartier and Joseph Abboud have days in court.

Louis Vuitton Malletier and Burlington Coat Factory Warehouse Corp. reached a final judgment on consent and a permanent injunction in pending trademark litigation in Manhattan federal court on Sept. 6. The original lawsuit was filed in April 2004 against Burlington Coat Factory Warehouse Corp., Four Seasons Handbags Co. and Industech International Inc. The lawsuit — seeking injunctive relief and damages — was filed for alleged trademark counterfeiting and infringement, false designation of origin, trademark dilution, unfair competition, injury to business reputation and false and deceptive business practices. Burlington Coat filed an answer to the complaint denying any wrongdoing, according to legal documents. The parties reached an agreement to resolve the case without an admission of liability. Burlington Coat agreed to the permanent injunction and final judgment.

Cartier, a division of Richemont North America Inc., and Cartier International NV and Andrew Andrew, Andrew Granger, Andrew Summer and The Future Perfect reached a final judgment on consent in litigation over alleged trademark infringement. According to legal documents filed in Manhattan federal court, the parties entered into a settlement agreement to resolve the case without admissions of guilt. The lawsuit was filed in February of this year over alleged infringement of Cartier’s screw motif trade dress design. Details of the settlement agreement were not available.

AMC Beauty filed a complaint seeking a declaratory judgment of noninfringement against Burt’s Bees Inc. According to the complaint filed in Manhattan federal court, AMC Beauty asked the court to rule that its Royale Bee Naturals trademark doesn’t infringe on the Burt’s Bees or Baby Bee trademarks. The Royale Bee Naturals line includes skin care preparations, lip balms and body wash products that carry a bee design, according to legal documents. AMC Beauty said it received a cease and desist letter from Burt’s Bees early last month that alleged its products infringed on existing trademarks. A spokesperson for the company could not be reached for comment.

JA Apparel Corp. filed a lawsuit against Joseph Abboud, Houndstooth Corp. and Herringbone Creative Services for alleged trademark infringement. JA Apparel owns the Joseph Abboud brand that Joseph Abboud, the designer, founded. JA Apparel purchased the trademark and trade names for $65.5 million, according to legal documents. Abboud sold the Joseph Abboud trademarks to JA Apparel in 2000. According to the lawsuit, filed in Manhattan federal court on Sept. 4, JA Apparel alleged that Joseph Abboud violated its trademark rights to the brand name in his marketing of his new Jaz line of men’s wear. Abboud’s non-compete clause just recently expired. JA Apparel also alleged that the designer violated the non-compete clause of the sale agreement by using his name in connection with the marketing and advertising of the Jaz clothing line. In press reports, Abboud has said that he has the right to use his name in his personal publicity and to tell people that he is the creative force behind the Jaz line. The defendants did not return calls seeking comment by press time.