NEW YORK — Cartier, Cartier International, and Vacheron Constantin, divisions of Richemont North America and Richemont International S.A., filed a trademark infringement lawsuit against FineTime Inc., Jeffrey Ho and other unnamed defendants. The complaint alleged that the defendants infringed on the Tank Divan, Da Vinci and Maltese Cross brands. The lawsuit includes allegations of trade dress infringement and copyright infringement of the Tank Divan brand and trademark infringement of the Da Vinci and Maltese brands. The lawsuit asked for statutory and punitive damages, and for the court to permanently enjoin the allegedly infringing activity. Neither FineTime or Ho could be reached for comment.
Louis Vuitton Moët Hennessy was denied a motion for a preliminary injunction against Burlington Coat Factory in a trademark infringement case filed in federal court in Manhattan. The initial lawsuit was filed in April 2004. Louis Vuitton alleged that Burlington Coat Factory was selling a line of beaded handbags that infringed on its Multicolore trademarks and asked the court for an injunction. A temporary restraining order was issued, but the motion for an injunction was denied. Louis Vuitton appealed to the U.S. Court of Appeals for the Second Circuit, which vacated the decision to deny the injunction and remanded the case back to the district court.
In a decision filed May 23, Judge Richard Berman, of the Southern District of New York, denied Louis Vuitton’s motion for a second time and ordered the two parties to engage in good-faith negotiations prior to a scheduled conference with the court set for June 1. The lawsuit is still pending in the southern district court.
“Louis Vuitton is surprised by this decision, which seems to contradict the earlier ruling of the Second Circuit Court of Appeals. The company notes that this ruling addresses only the request for a preliminary injunction. Louis Vuitton will appeal this decision and is strongly determined to defend its rights vigorously in this case,” said a spokesperson for the company.
Nine West Footwear Corp. and Jones Apparel Group settled a class-action sex discrimination and national origin discrimination action brought by the Equal Employment Opportunity Commission for $600,000, according to court documents. The agreement was signed May 17. Under the terms of the settlement, the EEOC will monitor Nine West and Jones’ compliance with the terms of the consent agreement for a three-year period. Among the stipulations of the agreement, the defendants agreed to “conspicuously post and maintain” a notice about the lawsuit and conduct employee trainings about EEOC laws. Lawyers for Jones and Nine West declined to comment.