NEW YORK — There have been no lazy summer days for litigators as the filing of trademark and counterfeit suits have kept up a steady pace.
PRL USA Holdings filed a complaint against Carlberg Design, which does business as Rugby America, for six counts alleging trademark infringement, federal trademark dilution, unfair competition and false designation of origin, among other things. The suit alleged that Carlberg’s use of the word “rugby” on T-shirts and accessories violated PRL’s “Rugby Trademarks.” The suit asked for a permanent injunction against producing and selling the items in question as well as for punitive damages. Carlberg plans to fight the lawsuit and file a countersuit, according to company owner and president Jim Carlberg. Carlberg prints shirts for rugby teams, among other services.
Meanwhile, Nike Inc., based in Beaverton, Ore., filed a complaint in the U.S. District Court, Southern District of New York against Goetz & Rosen Inc., Allan Stuart Ltd., and a number of Changes stores. Included in the complaint were allegations of trademark counterfeiting, trademark infringement, false designation of origin, false advertising and trademark dilution. The lawsuit asked for the defendants to be both temporarily and permanently enjoined from manufacturing, importing or selling the products cited in the suit and for $1 million in damages per mark for each type of good involved. Nike also asked for damages equal to triple any profits that Changes generated through sales of the allegedly infringing items. A statement from Changes lawyer, Stephen Kaufman of Offit, Kurman, Yumkas & Denick, P.A. said, “Changes is greatly surprised that this lawsuit was filed and is confident that it will be quickly resolved to its satisfaction.”
There were some cases that have wound down. Hamil Textiles, a division of Tangiers International, arrived at a judgment by consent in its complaint against Kellwood Co., Halmode Apparel Inc. (a Kellwood unit) and Wal-Mart Stores Inc. for an alleged copyright infringement of a fabric design. Hamil’s original complaint alleged one count of copyright infringement and one count of unfair competition. The alleged copyright violation took place in production of a fabric used by Kellwood in blouses, skirts and pants — all of which were sold to Wal-Mart. The judgment permanently enjoins Kellwood from selling products that include the Erika Tropical fabric design. The original complaint was filed by Hamil Textiles in April of this year.
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