GMA Accessories Inc. won a permanent injunction against further sales of items bearing the “Charlotte” mark through online surf retailer Swell Inc. According to documents filed in U.S. District Court in Manhattan on Aug. 7, Swell can no longer sell Charlotte items, including clothing, footwear and accessories, and must pay restitution of $2,520. GMA Accessories, owner of the Capelli New York label, had named Swell as a co-infringer in a 2007 copyright lawsuit brought against Quiksilver Inc. over the Charlotte mark. The suit also names Nordstrom Inc. and Jill Stuart Inc. as co-defendants. The judge has yet to rule on the co-defendants. Swell declined to comment. John Bostany, counsel to GMA Accessories, said, “The Charlotte mark is a strong brand name for GMA and we want to make sure it continues to be.”
A federal judge enjoined Technaoro Inc. and Gemtrends Inc. from further use of the Cartier trade dress as part of a settlement between the two companies and Cartier North America Inc. The settlement, filed in U.S. District Court in Manhattan on Aug. 6, also grants Cartier a $30,000 award. Cartier filed suit against the two companies in 2005, alleging infringement of several of its trade dresses. Technaoro and Gemtrends declined to comment.
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