NEW YORK — Tory Burch is suing Bluebell Accessories Inc., a New York-based firm that she claims sold “counterfeit” jewelry bearing the designer’s monogram.
This story first appeared in the March 26, 2013 issue of WWD. Subscribe Today.
In the Bluebell lawsuit, which was filed in the Southern District of New York on Friday, Burch claims the accessories firm allegedly sold “unauthorized reproductions” of its “TT” design, also known as the brand’s T-shaped monogram found on various wares, such as the Reva ballet flat.
Burch and subsidiary company River Light claimed that on Nov. 6, it hired an investigator to order products from Bluebell’s Web site, bluebellwholesale.com. The investigator bought necklaces, earrings, rings and bracelets that bore a logo strikingly similar to Burch’s own. After realizing the baubles were counterfeit, Burch sent Bluebell a cease-and-desist letter. Bluebell co-owners Jessica Min and Sung Ki Min responded but “refused to provide reliable documentation evidencing their purchases and sales to date, as well as the supplier of the counterfeit goods being sold,” said the lawsuit, which did not provide further insight into the co-owners’ response.
Attorneys for Burch alleged that the unauthorized reproduction of their client’s “TT” design is likely to “cause confusion, deception and mistake in the minds of consumers, the public and the trade.” Burch’s claims against Bluebell include trademark counterfeiting, trademark and copyright infringement, false designation of origin and false descriptions, trademark dilution, unfair competition and injury to business reputation.
The women’s apparel and accessories company is looking for a permanent injunction and a list of suppliers of the counterfeit jewelry, as well as any profits garnered from the sale of the jewelry. Burch is also seeking damages, attorney’s fees and other costs.
Calls to Bluebell seeking comment were not immediately returned.