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Legal Briefs

Designer and retailer Betsey Johnson LLC is seeking a preliminary injunction against Colorful Licenses BV to bar it from selling a fragrance.

Designer and retailer Betsey Johnson LLC is seeking a preliminary injunction against Colorful Licenses BV to bar it from selling a fragrance. In a lawsuit filed May 1 in U.S. District Court in Manhattan, Betsey Johnson alleged that the parties’ agreement was breached, and as of April 30 Colorful no longer has the right to manufacture, promote and sell a fragrance and related products with the Betsey Johnson licensed mark. Betsey Johnson is seeking monetary and other appropriate relief. The firm also wants to prohibit Colorful from selling $1 million worth of Betsey Johnson product in its warehouse. Colorful Licenses could be not reached for comment.

This story first appeared in the May 5, 2008 issue of WWD.  Subscribe Today.

GoClear LLC, a skin care and beauty products maker, filed suit against Target Corp., alleging trademark infringement of its acne and aging solutions. GoClear said in a suit filed in U.S. District Court in California that Target adopted a “confusingly similar” mark to its trademarks “ClearX” and “The Clear Prescription.” GoClear is seeking an injunction to prevent Target from continuing to use the trademarks. Target said that it has taken the appropriate measures to secure the rights to their Clear Rx pharmacy system. “We plan to defend ourselves against these allegations and are confident we will prevail,” the company said.

Teen apparel retailer American Eagle Outfitters Inc. was accused in a lawsuit of using similar gift boxes to the ones patented by gifting company Perfectly Presented LLC. The lawsuit was filed on April 28 in a U.S. District Court in Utah. According to court documents, Perfectly Presented obtained the patent for the gift boxes on Aug. 27. Perfectly Presented asked the court to destroy all infringing gift box products and for damages and trial costs. American Eagle was unavailable for comment.

Victoria’s Secret was accused of stealing the design for its Very Sexy 100-Way Strapless Convertible Bra. Katerina Plew filed a lawsuit in U.S. District Court in Manhattan against the Limited Brands Inc. brand on April 21, alleging patent infringement. According to court documents, Plew said she designed the bra and patented it on May 11, 2004. She said Victoria’s Secret was aware of her patent, but continued to infringe on the design. Plew asked for unspecified damages and trial costs. Limited Brands declined comment.