Legal Briefs

Andin International Inc. filed court documents seeking a declaratory judgment of noncopyright infringement against Yurman Studios Inc. in Manhattan federal court

Christian Louboutin succeeded in registering a trademark for the signature red sole of its shoes. According to documents from the U.S. Patent and Trademark Office, the trademark was registered on Jan. 1, 2008, almost six months after the action was initiated. Trademark applications have to undergo a period where other parties can file an opposition. The registration states that "the mark consists of a lacquered red sole on footwear." The registration is for women's high-fashion footwear only. Louboutin has made prior unsuccessful efforts to protect his signature red soles from other companies that have used a similar color.

Aveda filed a trademark infringement lawsuit against TBC Enterprises Inc. and Mike Rockafellow for allegedly manufacturing and selling beauty products and other articles bearing counterfeit Aveda trademarks. The case was filed in federal court in Lubbock, Tex., on Jan. 25. The complaint included charges of trademark counterfeiting and infringement, false designation or origin, false advertising and trademark dilution. Aveda asked the court for damages of $1 million for each type of good bearing an Aveda trademark. The company also asked for preliminary and permanent injunctions and trial costs. Defendants could not be reached for comment by press time.

The North Face, PRL USA Holdings Inc. and Polo Ralph Lauren Corp. reached a settlement agreement on a consent judgment and permanent injunction in trademark litigation against TC Fashions Inc., Great Value Inc., EB Garments Inc., Emmy Fashions Inc., Christine Yuen, Yvonne Chan, Robert Holt and Todd Turner. According to legal documents filed in Manhattan federal court, the defendants agreed to an undisclosed financial settlement and to cease producing goods that infringe on The North Face and PRL trademarks. The judgment was filed on Jan. 16 to judge Richard Berman.

Richemont; Richemont International NV, IWC, Vacheron Constantin and Richemont International SA — all divisions of Richemont North America Inc. — reached a final judgment on consent in a trademark and copyright infringement lawsuit against Finetime Inc., Jeffrey Ho and Sophistic Inc. The agreement was filed in Manhattan federal court on Jan. 17. According to court documents, the defendants were accused of infringing on a number of watch styles. No damages were awarded and the parties involved were told to pay their own trial costs.
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