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Legal Briefs

Leaper Footwear filed a lawsuit on Oct. 1 in a federal court in Utah against Nike Inc. and Apple Inc. for alleged patent infringement.

NEW YORK — Leaper Footwear filed a lawsuit on Oct. 1 in a federal court in Utah against Nike Inc. and Apple Inc. for alleged patent infringement. According to the complaint, Leaper alleged that Nike and Apple violated its trademark for footwear that measures the performance of a person, such as running speed or distance traveled. Leaper said in the court document that it pitched the idea to Nike regarding its patented technology in 2000, but Nike at the time said it had no interest. Leaper alleged in the lawsuit that the Nike and Apple joint “Nike + iPod Sport Kit” infringes on its patent. The Sport Kit is a wireless system that allows Nike footwear to communicate with an iPod Nano music player, the court document said. “Nike is aware of the plaintiff’s claim but will not comment upon the merits at this time. With over 30 million miles already logged by runners using Nike +, we remain focused on improving the experience for all those who visit the site and use the product,” said a company spokesman. Apple did not return calls for comment by press time.

Burberry Ltd. and Wolff Shoe Co. are involved in legal disputes in two separate federal districts over use of a plaid design on shoes. Both parties have been disputing the issue since 2003. Wolff Shoes filed an action in a federal court in St. Louis Sept. 25 seeking declaratory judgment that its plaid does not infringe on Burberry’s trademark. Burberry Ltd. subsequently filed its own lawsuit Sept. 28 against Wolff Shoe Co. in a Manhattan federal court for alleged trademark infringement of its check design. Burberry claimed the Wolff pattern infringes on its own signature check design. The Burberry lawsuit’s allegations include federal and state trademark and trade dress infringement, false designation of origin, dilution, likelihood of injury to business reputation, unfair competition and unjust enrichment. Burberry asked the court for an injunction, damages and trial costs.

Karam Prasad, who does business as Bishop of Seventh, and Caché Inc. reached a settlement in a lawsuit over use of a back pocket design for jeans. According to legal documents filed in a Manhattan federal court on Sept. 26, the two parties agreed to a final judgment granting a consent injunction. Under the terms of the judgment Caché was permanently enjoined from infringing on Bishop of Seventh’s Besom Pocket Stretch Jean design. The action was dismissed with prejudice and both parties will bear their own trial costs. No financial settlement was outlined in the judgment.

This story first appeared in the October 8, 2007 issue of WWD.  Subscribe Today.

Cartier, a division of Richemont North America Inc., and Cartier International N.V. won a final judgment on consent in a lawsuit against Bidz.com, David Zinberg, Nisimov Watch Co. and Alon Nisimov. According to legal documents, the parties agreed to a settlement. The monetary terms of the settlement were not disclosed. Under the stipulations of the judgment, the defendants are prohibited from infringing on Cartier’s Tank Divan trade dress and other designs. The judgment was entered on Sept. 19 by a Manhattan federal district court.