Women’s Wear Daily
04.16.2014
financial
financial

Legal Briefs

Gucci America, Chloé SAS and Alfred Dunhill Ltd. won a $4.3 million judgment against Kelvin Cho, also known as Kelvin Cho Yaw Koon and Cho Yaw Koon, and a number of Web sites and companies he operates.

financial/news
Gucci America, Chloé SAS and Alfred Dunhill Ltd. won a $4.3 million judgment against Kelvin Cho, also known as Kelvin Cho Yaw Koon and Cho Yaw Koon, and a number of Web sites and companies he operates. The lawsuit also named as defendants Myreplicahandbag.com, wholesale-replica.com, replica-watch-town.com, and Traderinasia Consulting LLC. A Manhattan federal court judge awarded damages of $3.6 million to Gucci, $400,000 to Chloé and $300,000 to Alfred Dunhill on March 4. Judge John Koeltl specified in the judgment that all the defendants' assets were to be liquidated to pay the damages to the plaintiffs. The defendants in the case were ordered to stop manufacturing and distributing goods that infringe on the companies' trademarks and to destroy infringing goods.

J. Choo Ltd. also reached a final judgment and order on consent against Shopsueyboutique.com Inc. and Heather Gray. According to court documents filed on March 6 in a Manhattan federal court, the lawsuit was originally filed against Gray and Shopsueyboutique.com, the Web site she operates, for infringing on Jimmy Choo's design patents for its Ramona and Mahala handbags and the trade dress of its Ramona, Mahala and Marin/Mave handbags. Court documents also indicate that the defendants will pay $20,000 to J. Choo and are ordered to refrain from infringing on the Jimmy Choo trademarks.

Chloé SAS and J. Choo Ltd. reached a separate settlement in Manhattan federal court against Newcome Trading Inc., which does business as Tosca, New Wealth Trading Inc., Tosca USA and Tosca Handbags. The lawsuit was filed originally for trademark counterfeiting on Feb. 26. Financial terms of the settlement were not disclosed, but the defendants were enjoined from infringing on either Chloé or J. Choo trademarks.

The Timberland Co. and Nautica Apparel Inc. reached a permanent injunction and final judgment on consent with Christine Yuen and Trendy USA Inc., which does business as CJ Apparel Group. Under the terms of the settlement agreement, Trendy will pay Timberland and Nautica $160,000. Trendy also will no longer produce goods that infringe on their registered trademarks, according to documents filed in Manhattan federal court.

Oscar de la Renta Ltd. filed a lawsuit on Feb. 19 against Fashion House Inc. for alleged trademark infringement and breach of contract. According to documents filed in Manhattan federal court, Fashion House and Oscar de la Renta entered into a licensing agreement in 2005 for the "O Oscar" and "Oscar by Oscar de la Renta" trademarks on women's footwear. The agreement, according to Oscar de la Renta Ltd., was for five years and $2.6 million. Oscar de la Renta alleged it did not receive payments in the third year of the contract and invoked its right to terminate the license after giving notice. The firm alleged Fashion House still manufactured shoes using trademarks in violation of the agreement. The fashion firm asked for $6.8 million in damages and lost licensing fees. WWD's sister publication Footwear News wrote that earlier this month, Fashion House shut down temporarily to consider its financial options, including bankruptcy. Fashion House could not be reached for comment by press time.
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