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Legal Briefs

NEW YORK — <STRONG>YSL Beauté</STRONG> has notified a Georgia federal court of its compliance with a preliminary injunction barring further sales of <STRONG>Boucheron’s </STRONG>Trouble fragrance. In a compliance report dated Dec. 20,...

NEW YORK — YSL Beauté has notified a Georgia federal court of its compliance with a preliminary injunction barring further sales of Boucheron’s Trouble fragrance. In a compliance report dated Dec. 20, Charlene Holt, vice president of sales for YSL’s Parfums Classiques division, said the company directed its U.S. distribution center to cease all shipments and cancel any existing orders on Dec 6. Holt also noted that, “in an attempt to mitigate damages,” customers such as Nordstrom, Saks Fifth Avenue and Dillard’s were given the option of opening the packaging and selling the perfume without the cap, whose three-dimensional snake design is the focus of the lawsuit brought by Roberto Cavalli manufacturer ITF SpA. “It appears that most of Boucheron’s customers have refused to sell the product in an opened box, and therefore have decided to pull it from stores and return the Trouble products,” said Holt.

Meanwhile, it’s been a busy holiday season on the legal front for rap star Jay-Z’s Rocawear apparel, as the company has moved against several New York- and New Jersey-based retailers allegedly using the Rocawear trademarks on apparel and accessories.

In early December, ROC Apparel Group LLC and Rocawear Licensing LLC, represented by Manhattan law firm Tucker & Latifi LLP, filed suit against New Classic Inc., a Long Island City, N.Y.-based retailer. According to the suit, New Classic manufactured and sold belts believed to be “a copy of the Rocawear mark, or a mark confusingly similar thereto.”

New Classic did not return a call seeking comment.

Rocawear filed a separate but similar lawsuit on Jan. 4 against Staten Island-based Classic Marketing NY Ltd. and Spot Inc., located in North Bergen, N.J., alleging apparel-related trademark infringement.

Classic Marketing and Spot Inc. could not be reached for comment.

Both lawsuits noted that the Rocawear apparel line had generated sales of more than $80 million in the 18 months since being introduced to the market.

For Bloomingdale’s, the New Year kicked off with some monkey business. In a complaint filed on Dec. 31 in Manhattan federal court, New York-based GMA Accessories Inc. accused DML Marketing and Bloomingdale’s of selling socks bearing GMA’s copyrighted monkey design. According to the complaint, GMA Accessories has held the rights to its Fuzzy Monkey design since 2002, and has been the “sole rightful designer and seller of socks or other items” bearing the design since that time. According to the complaint, Bloomingdale’s has sold the knockoffs, which it purchased from DML Marketing, since Dec. 2004.

A spokeswoman for Bloomingdale’s said the company would not comment on pending legal matters.

“Our client bought the product from a company in Asia that had made it up,” said DML’s lawyer Mitchell N. Reinis of Silver & Freedman, based in Los Angeles. “These are not identical, they are just similar monkeys,” said Reinis, who also said that the Asian manufacturer would not have had access to GMA’s design to copy.

Editor’s Note: Legal Briefs is a new feature that will appear regularly in WWD.