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| Tory Burch with double T logo pic: via Daily Mail UK |
TORY BURCH and former husband, Chris Burch, had finally come to an agreement over their heated legal battle concerning his stake in the brand. Although few details have been disclosed, the pair - who founded the label in 2003, before their split in 2007 - have resolved all pending claims. Additionally, two minority investors had been brought on board - Capital Partners and General Atlantic now found themselves in a new legal wrangle.
Despite the apparent similarities, Lix & J had countersued Tory Burch for unfair trade practices, tortious interference with its business relationships, defamation, and trademark infringement. Lin & J claimed that its Isis Design is inspired by the Isis cross or a Coptic cross, which is a symmetrical cross with short, flanged bars, typically set in a circle. Nonetheless, in addition to finding that Lin & J had fabricated and destroyed evidence, the court ruled against Lin & J. This $41.2 million win for Tory Burch will be another notch added to her designer belt and not to mention her $3 billion empire.
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| Tory Burch’s TT Design (Left) versus Lin & J’s Isis Cross Design (Right) |
After two years of battle in court, Tory Burch LLC
(“Tory Burch”) wins $41.2 million ($38.9 million in damages and $2.3 million in attorneys’ fees) in its trademark infringement lawsuit against Lin & J International, Inc. (“Lin & J”), which was filed on May 31, 2013, in the U.S. District Court of the Southern District of New York. Tory Burch alleged in its 2013 complaint that Lin & J’s unauthorized use of Tory Burch’s federally registered trademarks and copyrighted works violated trademark counterfeiting, trademark infringement, trademark dilution, copyright infringement, and unfair competition laws. In particular, Tory Burch claimed that Lin & J wrongfully reproduced earrings, necklaces, pendants, cuffs, bangles, and bracelets bearing unauthorised reproductions of Tory Burch’s famous TT Designs.
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| U.S. Reg. No. 3,029,795; Registration Date: December 31, 2005 |
U.S. District Judge Denise L. Cote ordered Youngran Kim and her company Lin & J International Inc. to pay $38.9 million in damages, attorneys’ fees of $2.3 million and costs of the action to be determined later, along with interest for the aforementioned until full payment is made, according to court documents.
Friday’s order ends a case first brought in May 2013, which accused Kim of being one of the largest
counterfeiters in the U.S. Kim had argued that she independently created her “Isis cross” design based on another mark sold by a separate company she founded in 2003.
Judge Cote granted summary judgment in favor of Tory Burch in December, saying Kim willfully counterfeited and infringed the designer’s trademarks.
The judge said the evidence showed that the Tory Burch logo has acquired secondary meaning and was entitled to protection, determining that there was no dispute that the public was moved in some degree to buy Tory Burch products bearing the logo because of the source.
Judge Cote also ruled that Tory Burch clearly established a likelihood of confusion with respect to the products in question.
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| U.S. Reg. No. 4,363,739; Registration Date: July 9, 2013 |
The judge had previously found
that the defendants had fabricated and destroyed evidence during discovery and struck their opposition papers to Tory Burch’s summary judgment bid. She sanctioned the defendants’ lawyer Howard Z. Myerowitz of Song Law Firm LLC $10,000 for misrepresenting the day he served Tory Burch with the opposition papers and forwarded the issue to the state bar.
The complaint alleged Kim sold
knock-off products to more than 420 wholesalers and retailers, which eventually distributed the imitation jewellery to thousands of sellers.
Representatives for the parties did not immediately respond to requests for comment Friday.
Tory Burch is represented by Natalie L. Arbaugh, Kristen A. McCallion, Michael A. Bittner and Irene E. Hudson of Fish & Richardson PC.
The defendants are represented by Howard Z. Myerowitz and Jeremy M. Doberman of Song Law Firm LLC.
The case is River Light V LP et al. v. Lin & J International Inc. et al., case number 1:13-cv-03669, in the U.S. District Court for the Southern District of New York.
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