NEW YORK — Zeva Oelbaum, a photographer, filed a lawsuit against Neiman Marcus Group alleging that the high-end retail company infringed on the copyrights she holds for certain photographs. According to documents filed July 25 in a Manhattan federal court, Oelbaum alleged that the company used and altered 33 photographs from a book she published to sell picture frames at Bergdorf Goodman. The photographs in question allegedly came from a book titled “Flowers in Shadow, a Photographer Rediscovers a Victorian Botanical Journal” that was published in 2002. The book also contains essays by Susan Orlean and Sara Stein. Oelbaum asked for over $4.9 million in damages and attorney’s fees. Neiman Marcus declined to comment.
Roc Apparel Group and Rocawear Licensing won a final judgment upon consent in a lawsuit filed against Dyckman Outlet Inc. in a Manhattan federal court for trademark infringement and unfair competition. Dyckman was restrained from using counterfeit Rocawear trademarks. The parties agreed that Dyckman would pay Rocawear’s trial costs, according to court documents. The initial lawsuit was filed by Roc Apparel and Rocawear Licensing in May.
Polo Ralph Lauren USA Holdings lost a motion to dismiss a lawsuit filed against it by Barbarian Rugby Wear Inc. in a Manhattan federal court. Barbarian Rugby initially filed a request for a declaratory judgment against Polo Ralph Lauren, stating that it was not infringing on Polo Ralph Lauren’s trademarks and sought cancellation of two of them. In response, Polo Ralph Lauren filed a motion to have the lawsuit dismissed. An opinion filed July 21 by Judge John Koeltl said the courts have jurisdiction to issue a declaratory judgment and rule on Barbarian’s cancellation request. The lawsuit will continue through the court system.
L’Oréal USA Inc. and its Matrix division filed a lawsuit last month in a Manhattan federal court against Dennis Bernard Inc. seeking a declaration that L’Oréal did not infringe on a hair care trademark. According to court documents, Dennis Bernard asserted that it owns a registered trademark for “power tools” in the hair care category. Matrix used the term “power tools” in a monthlong promotion for the launch of its new Men’s Style Control System brand. Dennis Bernard sent a letter to Matrix threatening trademark infringement litigation, according to the complaint. Matrix asked the court for a declaratory judgment stating that it used the term “power tools” to describe a product, not as a trademark. According to Dennis Bernard, owner of the eponymous company, the two parties recently reached a settlement and should be signing an agreement that reaffirms Dennis Bernard’s ownership of the “power tools” trademark soon. L’Oréal declined to comment on the matter.