Legal Briefs

A federal court in the Southern District of New York ruled in an April 5 opinion that a junior line marketed by Jones Apparel is "associated with" the Gloria Vanderbilt brand for the purposes of a royalty agreement between the company and Netherby Ltd. Netherby initially filed a lawsuit against Jones Apparel Group Inc. and Jones Investment Co. Inc. for alleged breach of contract in 2004. The dispute originated over whether the Glo trademark was associated with Gloria Vanderbilt. Netherby has had the rights to the Gloria Vanderbilt trademark since 1980. Jones developed the Glo by Gloria Vanderbilt brand for a line of children's clothing in the mid-Nineties. Netherby alleged that Jones used the Glo trademark and didn't pay contingent payments, in breach of a contract the companies signed in 1988. Judge Gerard Lynch agreed; in his opinion, he stated that Jones' use of the Glo marks violated the contract and awarded an as yet undetermined amount of damages, according to court documents.

Rolex filed a trademark infringement lawsuit against Philip Himschoot individually and as he does business as mynewwatches.com and Grand Crown in federal court in Fort Lauderdale. According to court documents, Rolex alleged that Himschoot sold, distributed and promoted watches bearing counterfeits and infringements of Rolex trademarks. Rolex asked the court for an injunction and asked for financial damages of up to $1 million for each trademark "the defendants have willfully counterfeited and infringed." Himschoot did not return calls for comment by press time.

Louis Vuitton Malletier, Marc Jacobs Trademarks and Celine filed a lawsuit in Miami federal court against Juan Carlos Tamajon, who does business as mydreampurse.com. The plaintiffs alleged that Tamajon "is directly and personally engaging in the sale of counterfeit and infringing products." The lawsuit contains allegations of trademark counterfeiting and infringement, false designation of origin, trademark dilution and unfair competition of all the plaintiffs in addition to copyright infringement of Louis Vuitton only. The luxury manufacturers asked the court for preliminary and permanent injunctions and damages of $1 million for each counterfeit trademark. The case was filed on April 6. Tamajon did not return requests for comment.

Chanel filed a trademark counterfeiting and infringement lawsuit against Victoria Reznik and Greg Reznik individually and jointly as lifestyleforless.com, Lifestyle for Less; Maurizio Nencioni, who is also known as Paulo Belini and who does business as Accessories & You and First Flight USA; and Valore, which does business as Accessories & You and First Flight USA. According to court documents filed on April 6, the defendants sold handbags and wallets that infringed on Chanel's trademarks. Chanel asked the court for preliminary and permanent injunctions against the defendants and for statutory and punitive damages. Lifestyle for Less did not return calls for comment. The other defendants could not be reached.