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Legal Briefs

Chanel filed a trademark infringement and counterfeiting lawsuit against Stacy Ann Rothermel, also known as Stacy Kolb, who does business as PBPB-Online.net, PBPB-Accessories.com, Palm Beach Posh Boutique and Palm Beach Accessories.

Chanel filed a trademark infringement and counterfeiting lawsuit against Stacy Ann Rothermel, also known as Stacy Kolb, who does business as PBPB-Online.net, PBPB-Accessories.com, Palm Beach Posh Boutique and Palm Beach Accessories. According to court documents filed in federal court in southern Florida on July 2, Chanel alleged that Rothermel advertised and sold counterfeit handbags, wallets and costume jewelry bearing Chanel trademarks. Chanel is seeking preliminary and permanent injunctions, damages and trial costs. The defendant could not be reached for comment.

Separately, Chanel filed a trademark infringement lawsuit on June 26 in Manhattan federal court against Brigitte Vaughn. Vaughn, also known as Brigitte C. Sierau, Bright Vaughn and Bibi Inc. does business as bibisbling.com and bibisblingbling. According to legal documents, Chanel alleged that Vaughn sold counterfeit handbags and costume jewelry that copied both its trademarks and the look of its products. Chanel asked the court for preliminary and permanent injunctions, damages and attorney’s fees. Vaughn could not be reached for comment.

Richemont North America Inc. and Cartier International filed a lawsuit against Sweepstakes Clearinghouse, a division of Allied Marketing Group Inc., for allegedly selling watches that infringe on the company’s Pasha de Cartier trade dress. The lawsuit, filed on June 28, excludes a number of specific models that are the subject of another pending action. Both actions were filed in Manhattan federal court. Richemont and Cartier asked the court for a permanent injunction, damages, a list of people who have purchased the goods and trial costs. Allied Marketing group did not return calls for comment by press time.

This story first appeared in the July 10, 2007 issue of WWD.  Subscribe Today.

Victoria’s Secret filed a complaint on June 19 against Sexy Hair Concepts over use of the word “sexy.” The case, filed in Manhattan federal court, is an appeal of a final decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. In 2002, Sexy Hair Concepts filed oppositions with the U.S. Patent and Trademark Office in response to Victoria’s Secrets attempt to register the “So Sexy” trademark for hair care. A decision was rendered that upheld Sexy Hair Concepts’ opposition. The case filed last month seeks to reverse that decision and allow Victoria’s Secret to register the “so sexy” trademark. Representatives for Sexy Hair Concepts did not return calls for comment by press time.

Convenience stores and gas stations should take notice: Oakley is taking the sale of products it believes infringe on its intellectual property very seriously. The company filed a handful of unrelated cases against convenience store operators in Florida in recent weeks. The first, against Muntasher M. Jaber, Ayman Her M. Jaber and 3J’s Stop Shop Inc., which does business as Floral City Foods, was filed on June 27. According to court documents, the suit aims to “combat the willful sale of unlicensed and counterfeit products, chiefly sunglasses, bearing Oakley’s exclusive trademarks.” Oakley seeks a permanent injunction, damages and trial costs.

In an unrelated case, filed June 27 in the Middle District of Florida, Oakley filed a lawsuit against Mohammed Azam and Monu Enterprises Inc., which does business as Deland Discount Market, which is also a convenience store and gas station. Oakley asked the court for a permanent injunction, damages and trial costs. Oakley also a filed suit against Ahmad Yousef, Khitam Yousef and Shaden Super Kwik Inc., which does business as Texaco Super Kwik with similar allegations on June 28. Defendants in the three cases could not be reached for comment by press time.