On August 20, 2013, Marc Joseph NY, Inc. (Marc Joseph) filed an action before the US District Court for the Eastern District of New York against C. & J. Clark America, Inc. (Clarks) for trademark infringement and unfair competition of its “Cypress Hill” moccasin design.
Vans, Inc., the maker of Vans footwear, recently lost its attempt to dismiss a trademark infringement suit filed against it by AirWair International Ltd. AirWair alleged that Vans’ Gibson line of footwear infringes AirWair’s trademark and trade dress rights in its Dr. Martens line, causing a likelihood of confusion among US consumers.
On March 12, 2012, BCBG Max Azria Group, Inc. (BCBG) sued Stretta Moda, LLC (Stretta) for infringement, unfair competition, and dilution of its Herve Leger bandage dress design. Although Stretta filed an answer denying the allegations, the parties entered into a Stipulated Consent Judgment on April 23, 2013 enjoining Stretta from selling any garments that imitated BCBG’s trade dress and awarding $150,000 in attorneys’ fees and costs.
On February 28, 2012, The Navajo Nation (Navajo Nation) sued Urban Outfitters, Inc. and its subsidiaries (Urban Outfitters) in the US District Court for the District of New Mexico for trademark infringement, dilution, unfair competition, false advertising, unfair practices and state trademark infringement, and violation of the Indian Arts and Crafts Act (IACA). Urban Outfitters filed a motion to dismiss the complaint, and on March 26, 2013, the court granted and denied the motion in part.
On March 11, 2013, the US District Court for the Central District of California granted Lee Tillett, Inc.’s (Tillett) motion for preliminary injunction preventing Boldface Group, Inc. (Boldface), which sells the makeup line Khroma Beauty by Kourtney, Kim, and Khloe Kardashian, from using the mark KHROMA. Boldface has appealed the order to the Ninth Circuit.
In a recent case in New York, J. Crew Group, Inc. sued one of its former designers, Dwight Fenton, for breaching its duty of confidentiality, unfair competition and misappropriation, alleging that, when he left the company to work for a direct competitor, he took with him trade secrets and other confidential business information for use at his new job.
The US Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirmed a decision rejecting Lululemon Athletica Canada Inc.’s (Lululemon) trademark application for a large version of its logo as used on the front of hooded sweatshirts, jackets and coats. While the TTAB recognized that the appearance of oversized logos on clothing and fashion items was becoming more frequent and could be protectable, it held that Lululemon failed to provide sufficient evidence to meet the standards for registrability.
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