Tory Burch Counterfeiters Ordered To Pay $41M In Trademark Violation

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.

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.

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.

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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Tory Burch Files FOUR Lawsuits to Curb Counterfeiting

Tory Burch

TORY BURCH has stated counterfeiting ‘It’s Truly a Plague’ reports the New York Observer recently.

The New York Observer went on to say to the casual passerby on Canal Street, the storefronts appear relatively pristine. An amalgam of innocent merchandise lines the aisles, with logo-bearing bags seemingly a thing of the past—as if vendors have actually taken to heart New York’s heightened scrutiny on counterfeit goods. But it only takes one raise of the eyebrows, and perhaps the standard “Do you have anything else?” inquiry, and suddenly you’re in the back of a charcoal-colored van, combing through the myriad D&Gs, LV’s and interlocked C’s tucked away in a worn burlap sack.

It’s one of New York’s worst kept secrets, but one that newly minted billionaire Tory Burch intends to expose. This morning, the retailer filed four lawsuits in the Southern District Court of New York against wholesalers peddling counterfeit versions of Tory Burch jewelry across the state, with some marketing on an international scale. Their inventories boasted earrings, necklaces and bracelets, all marked by designs strikingly similar to the brand’s TT logo.

Ms. Burch is seeking unspecified damages and injunctive relief from four companies, Wona Trading Inc, Lin & J International Inc., Jewelry House Corp. and Glitzlane Boutique.

“The company has long been vigilant in defending our intellectual property, and will continue to take counterfeiting and copyright infringement seriously,” Robert Isen, Tory Burch chief legal officer told Women’s Wear Daily. “It is an ongoing formidable challenge impacting our entire industry.”

As the brand has grown in recent years, raking in a cool $800 million in 2012, internal teams have worked to beef up anti counterfeiting efforts.

“The counterfeiters continue to evolve and we look for new ways of finding them and shutting them down,” Mr. Isen concluded to WWD.

Indeed, Ms. Burch’s crusade comes amidst a broader legal crackdown on the counterfeiting trade. Just last month, New York City Council

A counterfeit Tory Burch bagged seized by police, featuring the brand’s oft-mimicked logo. (NYPD)

Member Margaret Chin, whose constituents reside in the Canal Street district, renewed the push for legislation against purchasing fake goods in the Big Apple. If caught fishing around those emblematic burlap sacks, customers could be slapped with a $1,000 fine and up to a year in jail.

“The ease with which counterfeit goods are sold in New York City reflects negatively on our reputation as a creative hub,”  Ms. Chin said. “Visitors come to New York for its authenticity, and we encourage tourists to take advantage of unique diversity of the local artists and designers that New York City has to offer, not knock-offs.”

If the court rules in her favor, Tory Burch could be the second major designer in a year to score a victory against counterfeiting. Last April, Louis Vuitton took up the torch after uncovering numerous companies importing and selling goods with the French house’s iconic Toile Monogram mark. After 15 months of investigation, the U.S. International Trade Commission issued a landmark decision for the fashion industry, calling on border agents to begin blocking fake LV duds from entering the U.S.

Joseph Giocanda, who represents international names such as Ferragamo and Burberry in trademark cases, noted that Louis Vuitton and Tory Burch’s lawsuits indicate a rapidly growing trend in the fashion industry.

“Designers have become much more diligent and aggressive in pursuing this issue,” Mr. Giocanda, who voiced his support for Council Member Chin’s legislation, told The Observer.

Two landmark cases, however, can only chip away at the “perennial problem,” he contended.

“Just as the fashion industry gets more aggressive, so does counterfeiting,” he said. “At the end of the day, it’s truly a plague. And it’s not going away anytime soon.”

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Content Friend: The New York Observer

Tory Burch Lawsuit Ends

Tory Burch

TORY BURCH and former husband, Chris Burch, have 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 have been brought on board - Capital Partners and General Atlantic.

The lawsuit was first filed by Chris Burch in October 2012, claiming that the American designer was trying to interfere with his attempts to sell part of his 28 per cent stake in the brand. She responded by arguing that the businessman's new brand, C Wonder - founded after their divorce, was too similar to her own.

Chris Burch - who called the deal a "milestone transaction" - has retained a stake in the label, although it is not known how much he now owns, WWD reports.

Tory Burch Fall 2011

The fashion names rallied around the Tory Burch and have not been slow in showing their support during this testing time for the luxury designer, including Anna Wintour.

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