Second City Style Fashion Blog - Style, Luxury, Beauty & Shopping

Legally Yours. New York & Co. Sues J.C. Penney

J.C. Penney avdertises it's Manhattan flagship with a controversial slogan

Retailer New York & Company Inc. has asked a federal court to stop a J.C. Penney Co. Inc. ad campaign from appearing publicly, stating the campaign infringes too much on its own logo. In a lawsuit filed last week in U.S. District Court in Manhattan, the New York-based specialty retailer alleged that Penney’s “NYC Style” slogan treads too closely to the “NY Style” tag line it has consistently used since August 2008.

According to the New York & Co. claim, Penney's has spent more than $6 million on marketing the “NY Style” mark in direct mailings, online ads and in its 580 stores.
The companies first battled over the phrase back in July, when J.C. Penney ran a billboard in New York's Herald Square that announced its much talked about  Manhattan debut. That sign read, “NYC Style. JCP prices.” New York & Co. immediately sent a letter to J.C. Penney on the matter at the time, but the retailer's ad agency, Saatchi & Saatchi,  responded by denying any conflict and reserving the right to make future use of the phrase. Saatchi & Saatchi also noted in its response that the billboard came down on July 31, the same day Penney’s opened its Manhattan flagship at the Manhattan Mall.

New York & Co. says it was still imperative to bring about the new suit after an Oct. 26 New York Times article revealed an upcoming Penney’s holiday spot would use the tag, “Give N.Y.C. style at J.C.P. prices.” The specialty retailer is seeking an injunction against J.C. Penney’s use of the ads, profits obtained by their use, legal fees and other, unspecified damages. Neither store operators from Penney's nor reps from Saatchi & Saatchi, who are also defendants, commented on the pending case.

Article Source: WWD
Photo Source: Racked
-Alia Rajput

Naomi Campbell Sued by Perfume Company

 

Supermodel Naomi Campbell is in rough legal waters, again. Make that hot legal perfume. The model, has, according to the Telegraph, "made millions of dollar from the sale of fragrances and cosmetics products conceptualized, created, developed and marketed with the assistance of Moodform Mission." The problem as Moodform Mission sees it? She allegedly has not paid them their share of the profits from Cat Deluxe and Seductive Elixir perfumes, as she must according to her contract with them. She, through her lawyer, denies the allegations. Meow! 

-Nina Krek

Story Source: NY Post, The Telegraph

Photo Source: WWD

Legally Yours. Chloe Awarded $7.2 Million in Infringement Suit

Paris fashion house Chloe was awarded $7.2 million on Friday by default in the infringement suit it had filed against LA supplier Mohammed Alexander Zarafshan in 2006. 

Chloe had first alleged that operator Queen Bee of Los Angeles had been selling counterfeit products on their website. The suit grew as Chloe discovered Zarafshan's company, Alexander Zar, was the supplier of Queen Bee. He had initially given a deposition for the case and had been fully aware of the suit filed against him, but he never formally answered the complaint. In July, Magistrate Judge Michael Dolinger submitted a report to say that Chloe was entitled to $7.2 million, which is triple the annual profits of Alexander Zar. Since Zarafshan never came to court, Chloe was awarded the $7.2 million by default. 

A representative at Alexander Zar said Zarafshan was no longer associated with the company and could not give any contact information. 

-Nina Krek

Photo & Story Source: WWD

Legally Yours. Alexander McQueen Gets His Turn to Sue Steve Madden.

Alexander McQueen's 'Faithful' bootie (left), and Steve Madden's 'Seryna' bootie

It's been so quiet on the shoe copying front for the past couple months, we were almost beginning to miss it! But true to form, Steve Madden has achieved yet another stylistic blunder, giving us a dose of delicious shoe drama just in time for fall. This time the victim in the trade dress infringement suit is Alexander McQueen, who is suing Steve Madden for allegedly imitating the design of his 'Faithful' booties. Filed October 1 in Manhattan District Court, the suit accuses Steve Madden's 'Seryna' bootie as a "studied imitation" of McQueen's 'Faithful' design, which was inspired by a vintage motorcycle jacket.

Certain fashion blogs have been noting the similarities between McQueen's 'Faithful' and Steve Madden's 'Seryna' since last month, causing McQueen's lawyers to send a cease and desist letter to Steve Madden in September. But the company refused to stop making and selling the shoe. Now in the suit filed against the them, McQueen's lawyers stated "In fact, the only design element of the ‘Faithful Bootie’ that Madden did not deliberately copy is the zipper pull that contains the ‘Alexander McQueen’ trademark.”

The 'Faithful' bootie has been making headlines for some time now, after appearing on the likes of the Olsen twins, Rihanna, and Lindsay Lohan. McQueen alleges that Steven Madden has the intent to bank off of this apparent popularity of the design and its commercial strength. The designer is currently seeking an injunction barring Steven Madden from selling items that infringe on its trade dress, profits realized by any wrongful acts plus interest, delivery of any infringing goods for destruction, legal fees and other relief. How long until Steve strikes again?!!

Article source: NY Mag, WWD
Photo Source: NY Mag
-Alia Rajput

Legally Yours. Target Accused of Selling Coach Bag Reproductions

According to WWD, Coach Inc., is suing Target for the second time in three years for selling unauthorized reproductions of its handbags.

In a complaint filed Oct. 1 in U.S. District Court in Manhattan, the New York-based accessories maker alleged Target has sold knockoffs of its Patchwork and Ergo designs sometime over the past summer. 

“Target is not authorized by Coach to manufacture, distribute, advertise, offer for sale, and/or sell merchandise bearing Ergo Designs or the Signature Patchwork Designs or designs confusingly similar there to,” the brand’s attorneys wrote. Coach is seeking an injunction against the items’ further sale, profits from infringing goods sold, attorneys’ fees and unspecified damages.

Three years ago a federal judge dismissed a similar $1 million trademark case on Oct. 20, 2006, three weeks after it was filed. Minneapolis-based Target has not commented.

Source: WWD

Legally Yours. Fashion Designer Gets 59 Years in Jail for Multiple Sexual Assaults.

Anand Jon Alexander will serve 59 years in jail for rape

On Monday, a Superior Court judge in Los Angeles sentenced fashion designer Anand Jon Alexander to 59 years in prison after being convicted of 14 felonies, including forcible rape, and two misdemeanors last November. Alexander had pleaded for a new trial earlier Monday, claiming a conspiracy among law enforcement to convict him, but was promptly denied. The final sentencing ended a long and arduous post-verdict period where Alexander's sister, Sanjana, was accused of juror tampering, among other incidents.

13 women claiming Alexander had sexually assaulted them attended the trial, three of which recounted for the court how Alexander had found them online, lured them with promises of photo shoots and contracts, and then assaulted them in his Beverly Hills apartment. "I was 14. You took my adolescence, my trust, my dream and completely manipulated them for your sexual desires," said one of the women.

The Indian-born designer, who has owned his own line since 1999, was recently in the spotlight for his appearances on 'America's Next Top Model' and for a growing list of celebrity clients like Paris Hilton and Mary J. Blige. Hilton herself described being a fan of Alexander's hand-printed jeans, which sold for more than $700. Yet his success was cut short when police began investigating him in March 2007 when a woman reported that she had been sexually assaulted in his apartment. What resulted was a full investigation that ended in Alexander's conviction last year.

Although prosecutors admitted there will likely be a number of issues raised on appeal since Alexander's case is an example of what can happen when young women look for opportunity on the Internet, that the designer was still guilty of the felonies by taking advantage of the circumstance. According to prosecutors, Alexander also faces similar charges in New York and Texas.

Article and Photo Source: msnbc
-Alia Rajput

Legally Yours. Former 'Project' Contestant Sues Thierry Mugler.

Chris March

The word is out that Project Runway fourth season contestant and costume designer Chris March did in fact sue designer Thierry Mugler last month. March was reportedly working for Mugler in his post reality-T.V. career and is currently claiming that Mugler's label allegedly refused to pay him for work he performed as head of costumes for Beyoncé Knowles’ “I…Am” tour. According to a complaint March filed in New York Supreme Court on July 23, Mugler had hired him to create, pattern and fit costumes for the tour, but has not paid March and his affiliate, Carelli Costumes Inc. $44,502.66 worth of submitted overdue invoices. The suit does include that Mugler and his Tancrede Prinz LLC did pay separate invoices in the sum of $75,538.97. March’s attorney, Leslie Ben-Zvi, emphasized to WWD that the suit did not name Knowles herself as a defendant and that the singer will not be participating in the court processes. “Chris continues to be a fan and great admirer of Beyoncé, who looks beautiful in everything she wears, especially Chris’ costumes,” Ben-Zvi wrote in an e-mail. March and Carelli are seeking payment of the invoices and attorneys’ fees.

Article Source: WWD
Photo Source: papermag
-Alia Rajput

Legally Yours. Judge Rules Ponzi Scheme Fraud Must Pay Back Fashion Firms Too.

Marc Dreier

Marc Dreier, the once famous head of Dreier LLP and confessed operator of a major Ponzi Scheme, was convicted to twenty years of prison last month after being found guilty of multiple charges including conspiracy, money laundering and wire fraud. It was recently revealed that Dreier mostly targeted investment funds for large portions of his near $400 million fraud, but that the victims of his manipulations included fashion franchises as well. Nike Inc., Tommy Hilfiger USA Inc. and Diesel USA Inc., Seven For All Mankind, Rock & Republic Enterprises Inc. and Nautica Apparel Inc. all lost sums of money to Dreier and now, according to an August 19th ruling, will all be paid back.

Judge Jed Rakoff, of U.S. District Court in Manhattan ordered that Dreier must pay restitution to all his victims. Hedge funds Elliot Associates LP and Fortress Investment Group topped the list, owed $99.9 million and $84.4 million respectively. But Rakoff also ordered that Dreier make good with smaller investors including apparel firms Nike, owed $243,124; Coogi Partners LLC, owed $47,650, and Adidas America Inc., owed $6,258. Tommy Hilfiger, Diesel, Seven For All Mankind, Rock & Republic Enterprises Inc. and Nautica Apparel Inc. all lost less then $5,000 but will still be paid the amounts owed in full. At the end of court time, it was not immediately make clear how Dreier will pay back his multiple victims, though Rakoff ordered, in a July 17 ruling, that Dreier will forfeit millions of dollars worth of cash and property.

Article Source: WWD
Photo Source: ceoworld.biz
-Alia Rajput

Legally Yours. Abercrombie Employee with Prosthetic Wins Discrimination Dispute.

Riam Dean

A former employee of a London location of Abercrombie & Fitch has won 8,000 pounds after she filed a discrimination suit against the preppy retail giant. Riam Dean claimed she has suffered unlawful harassment due to her inability to live up the store's "look policy" because of her prosthetic arm. Dean said that after covering her arm with a cardigan she was forced to work in the stockroom. The former employee said she was "distraught" and "humiliated" for her apparent lack of an "all-American image" and originally filed the suit seeking 20,000 pounds for disability discrimination. A central London tribunal ruled that A&F did fail to comply with employee law and therefore awarded Dean with the 8,000 pounds, though the tribunal did state that disability discrimination was not evident in the case. Dean's lawyer, Steve Beverly, stated that the apparel company should have known better and should take full blame for suits in this nature. "It is all very well having glossy staff handbooks dealing with discrimination procedures - but you must actually apply them," he said adding that Dean showed "great courage' to stand up to a huge, multi-million dollar enterprise like Abercrombie & Fitch. Several more cases like these though, and they may not have what's left of their millions for too long.

Article and Photo Source: BBC
-Alia Rajput

New York Smugglers of Luxury Goods Receive Sentence

A sentence has been issued for the three New York City residents and one New Jersey resident who were caught smuggling hundreds of millions of dollars worth of counterfeit apparel and accessories through New Jersey’s Newark-Elizabeth Marine Terminal in 2096. Judge Denny Chin, federal court judge of the U.S. District Court in Manhattan headed up the case against the smuggling operation, which began after the four men plus six other suspects were arrested in December 2007, following a year long investigation.

Out of the sentences, the group’s leader, Michael Chu, 72, received a 97-month prison term, while accomplices Robin Huff, 47, and Hsi Feng Li, 62, received 70 and 33 months, respectively. The fourth conspirator, Dick Ong, 58, of Bergenfield, N.J., received one year of probation. Last year, Judge Chin sentenced suspect Wing Ki Lee to 60 months in prison and two other defendants in the case to three years’ probation. Three other co-conspirators are still awaiting sentencing.

In the case, Chu reportedly facilitated the of more than 100 shipping containers containing fake items from brands like Nike, Chanel and Burberry through Port Newark. Huff, a one-time licensed customs broker, then helped transport the containers through the port’s security system. Authorities said the fake items would have been worth more than $200 million had they been genuine. Chu has been busted for counterfeiting before—in 2005, a civil case in California was filed against Chu for allegedly running a a ring that imported more than 100,000 fake The North Face jackets. The verdict for that case involved Chu and his co-defendants to pay $7 million.

Article Source: WWD
Photo Sourcw: thefashionrow
-Alia Rajput