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Legal Briefs

Burberry Ltd. has accused Ever Mode Inc. and Amelie Zhou, a principal of the New York-based business, of trademark infringement and dilution.

Burberry Ltd. has accused Ever Mode Inc. and Amelie Zhou, a principal of the New York-based business, of trademark infringement and dilution. According to court documents filed July 18 in federal court in Manhattan, Ever Mode has sold counterfeit handbags, jackets and hats that display the Burberry Check and Burberry Knight or similar reproductions of both trademarks. Burberry is seeking an injunction against the further sale of the goods by Ever Mode, the destruction of all products found to be infringing, statutory damages of as much as $1 million for each counterfeit or infringed trademark and other damages. Zhou did not return a call for comment and calls to Ever Mode were not answered.

This story first appeared in the July 28, 2008 issue of WWD.  Subscribe Today.

Diane von Furstenberg Studio LP has accused Mango On-line Inc. of copyright infringement. According to court documents filed July 3 in federal court in Manhattan, the Spanish retailer produced and sold dresses and tops bearing prints almost identical to Diane von Furstenberg’s copyrighted Macaroon Stripe Design and Tahitian Maze Design through its international stores and its Edison, N.J.-based Web site. The company also alleges that Mango agreed to halt the sale of the infringing garments in a June 2 e-mail but continued to offer them as late as July 2. New York-based Diane von Furstenberg is seeking an injunction to stop Mango’s further sale of the garments, a worldwide recall from commercial distribution, the destruction of any garments found to be infringing and unspecified damages. Mango said it had not copied any of the designs and that the prints of its designs have been created by providers that it trusts. However, Mango has stopped selling the items in the U.S. and online until the litigation ends.

New York-based textile converter Cameron Industries Inc. has accused four retailers of copyright infringement in two separate suits. Court documents filed July 7 in federal court in Manhattan said Charlotte Russe Merchandising Inc. has incorporated a plaid pattern in its designs that infringes on the copyright of Cameron Industries’ fabric known as Pattern No. 1125.

In a separate suit filed in Manhattan federal court on July 15, Cameron accused Los Angeles-based Forever 21 Inc., New York-based manufacturer Mango USA Inc. and New York-based Conway Stores Inc. of copyright infringement. (Mango USA isn’t related to Mango On-line.) According to court documents filed on July 15 in federal court in Manhattan, the three retailers used a pattern that infringes on Cameron Industries’ Pattern No. 1196 plaid fabric. In both complaints the company seeks a permanent injunction from the further use of infringing patterns, any revenue generated by products found to be infringing, the destruction of the garments, court costs and unspecified damages. Mango USA declined comment. The other defendants didn’t respond to requests for comment.