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Legal Briefs

Diadora America Inc. and Diadora SpA filed a lawsuit against Skechers USA Inc. for alleged trademark infringement.

Diadora America Inc. and Diadora SpA filed a lawsuit against Skechers USA Inc. for alleged trademark infringement. The lawsuit was filed in federal court in Seattle on Feb. 12. According to court documents, the Italian footwear and apparel company alleged that California-based Skechers manufactured a line of sneakers called the Luger-Strafe that infringed on its own Diadora logo. According to exhibits included with the complaint, Diadora has had a registered trademark for the shape in question since 1985. Skechers did not return calls seeking comment. Diadora alleged in legal filings that, “Skechers deliberately employs a mark substantially identical to the Diadora logo, with knowledge of Diadora’s long prior use, to mislead and confuse consumers into believing that Skechers’ goods are provided, sponsored or approved by Diadora and to intentionally profit from Diadora’s good will.” The complaint included allegations of federal and state trademark infringement, unfair competition and trademark dilution. Diadora asked the court for a preliminary and permanent injunction, unspecified financial damages and trial costs.

This story first appeared in the March 3, 2008 issue of WWD.  Subscribe Today.

Marc Jacobs is accused of plagiarizing a scarf design, according to media reports from Sweden as well as U.S.-based blogs. Goran Olofsson, a man living in western Sweden, said he believes he may own the copyright of a scarf being sold by Marc Jacobs. The brightly colored scarf emblazoned with the Marc Jacobs name allegedly may infringe on a scarf that bears the name of the village Linsell where the man grew up. Olofsson said Jacobs’ scarf design bears an uncanny resemblance to a scarf his father made depicting a church, wood huts, bears, flowers and a coat of arms. Some of the images are symbols of Härjedalen, a county in northern Sweden. Olofsson said he had contacted Marc Jacobs and was waiting for a response. A representative for Marc Jacobs declined to comment.

KN Ltd. and San Francisco Network reached a settlement with Mervyns and J.D. Fine & Co. in a copyright and trade dress infringement lawsuit. J.D. Fine is a competing clothing manufacturer. KN Ltd. alleged in a federal lawsuit that a line of sleepwear sold at Mervyns infringed on its own sleepwear design. The Mervyns line, called Country Garden, was manufactured by J.D. Fine. The lawsuit alleged that the line infringed on the KN Karen Neuberger brands. Terms of the settlement were confidential. KN Ltd. announced the settlement on Feb. 15.

Cartier, and several other Richemont NA Inc. divisions, Van Cleef & Arpels Logistics SA, Van Cleef & Arpels Inc. and VC&A Distribution Inc. won a consent judgment against J&P Timepieces Inc., Jeff Morris and Peter Fossner. According to a judgment filed in Manhattan federal court, the Richemont companies filed a lawsuit against J&P Timepieces and its principals for allegedly selling altered Cartier, Panerai, Piaget and Van Cleef & Arpels brand watches. The allegations included trademark infringement, counterfeiting, false designation and unfair competition. The defendants were ordered to pay $200,000 in damages and were restrained from infringing on Richemont’s trademarks.