J. Marcus Wholesalers Inc. and The Paradies Shops Inc. filed a complaint against Louis Vuitton Malletier SA, asking the court for a declaration of noninfringement. According to court documents filed in the Western District of Pennsylvania, the plaintiffs want the court to issue a judgment that the “inexpensive fabric travel bags supplied by J. Marcus and sold by Paradies” do not infringe on a Louis Vuitton Malletier trademark. Louis Vuitton SA did not respond to requests for comment. The complaint said the merchandise in question are fabric bags with a dark-brown and light-brown checkerboard pattern that retail for $9.99 to $39.99 with no identifying characteristics on them. Louis Vuitton sent Paradies a cease-and-desist letter in December, according to court papers. J. Marcus and Paradies asked the court for a declaratory judgment and to recover the cost of the litigation from Louis Vuitton.
Maurizio Spataro filed a complaint in New York Supreme Court against Concept One Accessories LLC, Concept Two Accessories, Sam Hafif and The Helen Welsh Group for a dispute involving a trademark license agreement. Spataro alleged in the complaint that Concept One and Concept Two licensed the Maurizio Spataro trademark for use on ladies” handbags, luggage and ladies” accessories in June 2006 and then transferred the trademark to The Helen Welsh Group without permission. Spataro also alleged the defendants continued to use the trademarks after the company terminated use of the trademark. Spataro asked for more than $1 million in damages. The defendants filed an answer and counterclaim that denied all the allegations of Spataro”s complaint and said the license agreement is intact. They also alleged that Spataro misrepresented an order it had prior to signing the license agreement. Both claims are pending.
Van Cleef & Arpels Inc., Van Cleef & Arpels Logistics SA and Van Cleef & Arpels distribution filed two unrelated trade-dress and copyright infringement lawsuits over its Alhambra jewelry design in Manhattan federal court on Jan. 24. One case was filed against Landau Jewelry and the other against Zirconmania and Jacob Hassidim. Both lawsuits asked for a permanent injunction and financial damages. Zirconmania did not respond to requests for comment. Landau could be not reached by press time.
On Jan. 11, the 2nd U.S. Circuit Court of Appeals affirmed a May 2006 ruling from Judge Richard Berman in Manhattan in favor of Burlington Coat Factory in a trademark infringement lawsuit brought against the company by Louis Vuitton, according to Burlington”s lawyers. In May, the judge denied Louis Vuitton”s motion for a preliminary injunction barring Burlington Coat Factory from selling a specific line of women’s handbags that allegedly infringed on its trademarks and trade dress.