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Legal Briefs

Hanesbrands sues American Apparel...Macy's files bedding trademark complaint... and Chanel moves against online marketers.

Hanesbrands, HBI Branded Apparel Enterprises and HBI Branded Apparel Ltd. filed a lawsuit against American Apparel Inc. and American Apparel Retail. According to court documents filed on Tuesday in federal court in North Carolina, Hanesbrands alleged that American Apparel infringed on its existing trademark for Barely There. The complaint said that American Apparel started manufacturing a “Barely There” bodysuit of its own that appeared in advertisements in consumer magazines. The lawsuit included allegations of federal and state trademark infringement, unfair competition, false designation of origin and deceptive practices. Hanesbrands asked the court for an injunction, damages and trial costs. American Apparel did not respond to requests for comment by press time.

Philosophy filed a trademark infringement lawsuit against Kate Somerville Skin Care in federal court in Arizona on Tuesday for allegedly infringing on its Hope in a Jar skin care trademark. According to court documents, Kate Somerville Skin Care marketed a Kate in a Jar skin care product that it claimed is confusingly similar to the Hope in a Jar line. The lawsuit includes allegations of trademark infringement, false designation of origin and unfair competition. Philosophy asked the court for an injunction; damages, including the defendant’s profits, and trial costs. Kate Somerville Skin Care did not respond to requests for comment.

Macy’s Merchandising Group filed a trademark infringement suit over bedding against Columbine Cody Corp. in Manhattan federal court on Aug. 30. Macy’s alleged that Columbine infringed on its Haven line. An application to register the trademark is still pending, according to the complaint, but Macy’s has used it for some time. Macy’s asked the court for an injunction, damages and trial costs. Columbine Cody could not reached for comment.

Chanel filed a lawsuit against R.J. Davenport III, also known as R.J. Davenport, and Greg Davis, who does business as Lvbags4less.com, Lvbags4less, RJ’s Variety, Greatbags4less.com and Bigblack121.tripod.com. The lawsuit was filed on Aug. 29 in federal court in North Carolina. Chanel alleged the defendant sold counterfeit handbags that infringed on its trademarks. The lawsuit included counts of federal and state trademark infringement and counterfeiting, false designation of origin, trademark dilution and unfair competition. Chanel asked the court for an injunction, damages and trial costs. The defendant could not be reached for comment.

Carole Hochman Design Group filed a copyright infringement lawsuit against Forever 21 in Manhattan federal court on Aug. 20. According to court documents, the case was filed over an alleged infringement by Forever 21 of a fabric design owned by Carole Hochman and used for a private label line of intimate apparel. Carole Hochman alleged that Forever 21 manufactured, or had manufactured, intimate apparel that infringed on its Marilyn Monroe design. Carole Hochman asked for an injunction and damages. The defendants could not be reached for comment.