Iconix Brand Group Inc., its subsidiary Studio IP Holdings LLC and its licensee, Roc Apparel Group LLC, have been accused of infringing on Car-Freshner Corp.’s trademark. According to documents filed June 3 in federal court in Watertown, N.Y., the brand management company infringed on the tree design marks of Car-Freshner Corp.’s air fresheners and other goods by incorporating a similar design into a T-shirt in its Rocawear line. Car-Freshner Corp. is seeking a permanent injunction against further use of the design by Iconix, an award of any profits Iconix reaped from the design and unspecified damages. An Iconix spokesman said the company does not comment on pending litigation.
This story first appeared in the July 14, 2008 issue of WWD. Subscribe Today.
In the latest round of litigation, UT Freight Service of New York has been accused of fraud, breach of contract and unjust enrichment by Ballet Jewels LLC of Kearny, N.J. According to documents filed May 28 in federal court in Manhattan, the shipping company overstated the weight of the goods shipped for the costume jewelry manufacturer in order to increase air freight charges. The manufacturer is seeking compensatory damages of at least $1.36 million, punitive damages of at least $25 million, compensation for investigative expenses of more than $100,000 and court fees. Ballet Jewels’ suit came after it was accused of breach of contract by UT Freight Service. According to documents filed May 30 in Manhattan federal court, the earlier suit, filed on April 15 in New York State Supreme Court, has been moved to federal jurisdiction. The shipping company is seeking damages of about $870,000 from the costume jewelry manufacturer. Kenneth Schacter of Bingham McCutchen LLP, representing Ballet Jewels in the suit, said, “The company believes its lawsuit has merit and intends to litigate it.” A representative from UT Freight Services could not be reached.
Rolex Watch USA Inc. has accused Phillip Himschoot, owner of mynewwatches.com, Grand Crown and Flawless Promotions, of trademark counterfeit and trademark infringement. According to documents filed on June 4 in federal court in Fort Lauderdale, Fla., Himschoot used the Web site to advertise and sell watches bearing counterfeits of Rolex’s registered trademark. Rolex is seeking a permanent injunction against Himschoot continuing such activities, the delivery of all unauthorized products and advertisements, unspecified damages and the cost of legal action. Himschoot could not be reached for comment.
GMA Accessories Inc., which operates under the Capelli New York name and has been on a campaign to protect its Charlotte trademark, settled its intellectual property suit with retailer Gosi Enterprises and Jonathan Singer on June 25. There was no admission of liability or infringement in the settlement, registered with Manhattan federal court. Gosi was enjoined from using Charlotte or any similar marks, including Charlotte Solnicki. The retailer also agreed to pay GMA $10,000. In May, GMA settled with Eminent Inc., Saks Fifth Avenue Inc., Intermix Inc., Wink NYC Inc. and Lisa Kline, each of which was enjoined from using the Charlotte or Charlotte Solnicki trademarks. The settlement stemmed from a case first brought by GMA in April 2007.