A federal judge has sided with Fendi in a legal feud with Burlington Coat Factory over a 23-year-old court order.
In a ruling entered in U.S. District Court in Manhattan on Feb. 8, Judge Leonard Sand ordered Burlington Coat Factory to conform to a 1987 injunction halting its unauthorized sale of Fendi goods. The retailer had entered into the voluntary injunction as part of an earlier settlement.
Fendi filed a fresh infringement lawsuit in 2006 accusing Burlington of continuing to sell knockoffs despite the order. Sand granted the luxury brand’s motion for summary judgment in that case this week. The judge ordered the off-pricer to present a plan outlining its intent to abide by the injunction within 60 days and submit compliance reports to the court every six months for the next five years.
The case has been sent to a magistrate judge to determine damages.
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“The last 23 years supplies [sic] ample evidence of how little regard Burlington has for the 1987 injunction; we cannot trust that Burlington will develop, let alone implement compliance measures on its own,” Sand wrote in his opinion.
Burlington Coat Factory’s attorney did not return a call seeking comment.
Previously publicly held, Burlington Coat was acquired for $2.06 billion and taken private by Bain Capital Partners in 2006.