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Legal Briefs

American Eagle Outfitters and Retail Royalty Co. got a permanent injunction and consent judgment against Tala Brothers Corp., which does business as Low and Sweet, as well as David Talasazan and other unnamed firms on May 25.

NEW YORK — American Eagle Outfitters and Retail Royalty Co. got a permanent injunction and consent judgment against Tala Brothers Corp., which does business as Low and Sweet, as well as David Talasazan and other unnamed firms on May 25. The original lawsuit was filed March 2006 for alleged trademark counterfeiting and infringement. Manhattan federal Judge Robert W. Sweet ordered the defendants to pay the retailer $120,000 in damages according to the terms of the settlement agreement among the parties, court documents said.

Louis Vuitton Malletier filed a lawsuit against Kenny and Mary Jiang in a Florida federal court on May 25 for allegedly selling counterfeits. According to court documents, the defendants were accused of selling counterfeit accessories through a variety of online venues. Louis Vuitton asked for a preliminary and permanent injunction, damages and trial costs. The defendants could not be reached for comment.

Separately, Louis Vuitton Malletier filed a lawsuit in a Massachusetts federal court against Eleetra Harris and Khristas Treasure Chest for alleged trademark counterfeiting. Harris sold counterfeit Louis Vuitton goods through the Internet and other trade channels, according to court documents filed on May 25. Louis Vuitton asked for a permanent injunction, damages of as much as $1 million for each trademark infringement and trial costs. The defendant could not be reached for comment.

Cartier, a division of Richemont North America, and Cartier Int’l won a final judgment on consent against GL Web Enterprises and Leda Malaga in a lawsuit involving trademark litigation. According to court documents in a Manhattan federal court, the parties entered into a settlement agreement for an undisclosed sum. The lawsuit was filed over alleged infringements of Cartier’s Tank Francaise trade dress.

Cosmetic Warriors Ltd. filed a trademark infringement lawsuit in a Chicago federal court against Lush Inc. over the use of the “Lush” and “Lush Fresh Handmade Cosmetics” trademarks. Cosmetic Warriors owns a related entity, Lush Ltd., which operates retail stores in the U.S. selling bath and beauty products made from natural ingredients. According to court documents filed May 22, the defendant, Lush Inc., is an Illinois corporation that uses the names Lush and Lush Salon/Spa associated with salon and spa services and hair care products. The defendant could not be reached for comment. Cosmetic Warriors asked the court for preliminary and permanent injunctions and damages.

The Timberland Co. won a final judgment on consent and a permanent injunction in a trademark counterfeiting and infringement lawsuit filed in Manhattan federal court. The judgment was approved on May 16. According to court documents filed on behalf of Timberland by Brian Brokate, a partner with the law firm Gibney, Anthony & Flaherty, the lawsuit alleged that Salim Sadagheh and Shoe Town Inc. sold goods that violated Timberland’s trademarks. The defendants were enjoined from selling the merchandise.