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Legal Briefs

Surf Angel Clothing Company's Terry Kraszewski filed a lawsuit against Juicy Couture, Neiman Marcus Group Inc., Nordstrom Inc. and Bloomingdale's for alleged trademark infringement.

Surf Angel Clothing Company‘s Terry Kraszewski filed a lawsuit against Juicy Couture, Neiman Marcus Group Inc., Nordstrom Inc. and Bloomingdale’s for alleged trademark infringement. According to court documents filed in San Diego federal court on July 30, Kraszewski claimed the plaintiffs sold clothes that said “surf angel” on them. Kraszewski asked the court to find that the defendants infringed on her existing Surf Angel trademark and that the trademark is valid and enforceable. The lawsuit also requested financial damages. The plaintiffs declined to comment on pending litigation.

Separately, Kraszewski filed a lawsuit, also on July 30 in federal court in San Diego, against Kmart Holding Corp. for infringing on the Surf Angel trademark. The lawsuit asked the court for damages and a finding that Kmart infringed on an existing, valid trademark. Kmart declined to comment on pending litigation.

Burberry Ltd. filed a lawsuit in New Jersey federal court against The Shoe Stop and Bharat B. Khullar on Aug. 7 for allegedly selling counterfeit Burberry merchandise. According to the complaint, The Shoe Stop sold wallets, handbags and watches that infringed on Burberry trademarks. The luxury goods company asked the court for preliminary and permanent injunctions and damages. The defendant could not be reached for comment by press time.

Yurman Design Inc. and Yurman Studio Inc. filed a copyright infringement lawsuit against James Gregory Register and Kathy Register in Manhattan federal court on Aug. 6. According to the complaint, the two individuals operate Web site Baubles & Jewels, which sold “unlawful copies of Yurman’s copyrighted jewelry designs.” Yurman asked the court for a preliminary and permanent injunction in addition to financial damages for the alleged infringement. Defendants could not be reached by press time.

Cartier Intl. and Panerai, a division of Richemont North America Inc., filed a lawsuit against Karmaloop, Karmaloop Boston and Gregory Selkoe in Manhattan federal court on Aug. 2. Cartier and Panerai alleged that Karmaloop infringed on the trade dress of the Panerai watches and company trademarks. The plaintiffs asked the court for an injunction and damages. Karmaloop could not be reached for comment.

This story first appeared in the August 20, 2007 issue of WWD.  Subscribe Today.

Nike Retail Systems reached a $7.6 million settlement July 30 in a class-action suit brought by African-American employees at its Chicago Niketown store. The initial lawsuit, filed in federal court in Chicago in December 2003, alleged that the company violated employees’ civil rights by discriminating against and creating a hostile work environment for African-American employees at the Niketown Chicago store. Nike denied, and continues to deny, the allegations. According to court documents, “Nike categorically denies that it discriminated against employees on the basis of their race, harassed African-American employees, created a hostile work environment or has condoned any such conduct.” The two parties reached a consent decree, in which there is no admission or court finding of liability on the part of Nike. Nike also agreed to provide equal employment opportunity training to supervisors and managers at Niketown Chicago on an annual basis during the term of the consent decree.

Diadora SpA and Diadora America filed a trademark infringement lawsuit against Payless ShoeSource Inc. on July 27. According to court documents filed in federal court in Seattle, Diadora alleged that Payless sold a line called Champion Idol Athletic that infringed on its trademark. Diadora asked the court for a preliminary and permanent injunction against Payless, damages and the costs of the lawsuit. Payless did not return calls for comment.

A class-action lawsuit was filed against Finish Line Inc. in federal court in Sacramento, Calif., on July 24. According to court documents, Kris Daniels filed on behalf of himself and others to recover unpaid wages and overtime compensation. The lawsuit alleged that Finish Line did not pay employees mandated minimum wages and overtime pay. The lawsuit asked the court for compensatory and punitive damages, as well as trial costs. Finish Line did not return calls for comment.

Jibbitz LLC, the maker of snap-on products for Crocs shoes, filed a copyright infringement lawsuit against Relaxus Products Ltd., John Gideon, Idan Zait and other unnamed entities in Nevada federal court on July 30. According to court documents, Jibbitz alleged that it saw infringing shoe charms at the World Shoe Association Show in Las Vegas this year.