Byline: Vicki M. Young
NEW YORK — Yakira LLC and Ecko.Complex LLC last week filed a trademark infringement and unfair competition lawsuit in Manhattan federal court against Ecko One Inc.
Ecko One Inc. is a retail store in the Palisades Center Mall in West Nyack, N.Y. The lawsuit alleges that the retailer, which has no connection to the manufacturer, has no right to use the Ecko name. The store currently uses Ecko One as its store name. The lawsuit also charged that the retailer has infringed on its Ecko trademarks through “unauthorized” sales of authentic Ecko-brand apparel items.
Ecko.Complex manufactures men’s and women’s apparel and accessories. Yakira is the holding company that owns the trademarks. According to the lawsuit, the manufacturer is concerned that the alleged unauthorized use is “likely to cause confusion and deceive” consumers into falsely believing that there is some connection between the companies. The plaintiffs also said in the lawsuit that the retailer’s “conduct continues to damage the reputation and goodwill associated” with Ecko and its products.
On Dec. 22, a district court judge granted the plaintiffs’ request for a preliminary injunction barring the retailer from using Ecko in its store name.
The defendants were 10 persons listed as John Doe, another 10 as Jane Doe and 10 corporate entities listed only as ABC Corp. Reached by phone at the store, Riyad, its president and owner, declined to provide his last name or furnish other comment. Ecko One isn’t represented by counsel.
Effy Zinkin, general counsel for Ecko.Complex, said Thursday that the manufacturer is prepared to proceed with contempt proceedings if needed to make sure that the preliminary injunction is followed.
The South River, N.J.-based manufacturer is seeking permanent injunctive relief, Ecko One’s profits, reasonable royalties and punitive damages. It also wants the return of all authentic Ecko products.