By  on June 6, 2008

NEW YORK — A federal judge ruled Thursday that Joseph Abboud has no right to use his name and will be legally barred from using his moniker in connection with his new line, Jaz.

The decision was a major victory for JA Apparel Corp., which acquired the Joseph Abboud business from RCS MediaGroup in 2004. The designer left the firm the following year.

In a 91-page conclusion filed with the U.S. Southern District court, Judge Theodore Katz concluded Abboud will be "permanently enjoined and restricted from using his personal name to sell, market or otherwise promote goods, products and services to the consuming public." This ruling also found that Abboud, by initiating business relationships with Jack Victor, an eventual licensee of Jaz, before July 13, 2007, violated his noncompete agreement with JA Apparel.

Abboud's counterclaims, which sought relief of $93 million in royalties for unauthorized use of the designer's reputation, as well as his primary defense — that he retained his publicity rights even after selling his trademark — were dismissed.

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