In an Order Friday in a case in which an Italian fashion company accuses Ivanka Trump’s fashion label of creating copycat shoes (see our coverage of the complaint here), Judge Forrest ordered Ms. Trump to appear for a two-hour deposition, notwithstanding her claims to have had no personal involvement in the underlying issues:
Continue Reading Judge Forrest: Ivanka Trump Must Sit for Deposition in Suit Over Copycat Shoes

Last week, iconic Brooklyn steakhouse Peter Luger filed an action against a similarly-named rival.  The defendant, Carl von Luger, operates a steakhouse in Scranton, Pennsylvania, with plans to expand to Florida.  Peter Luger, in business since 1887, claims that the defendant attempted to create a false association between the steakhouse brands.  The complaint includes claims

Today, Judge Castel dismissed RICO claims brought against Alibaba Group Holding by a group of luxury goods makers including Gucci and Yves Saint Laurent.  The complaint accused Alibaba of providing services and a market platform to merchants that Alibaba should have known were selling counterfeit goods.

Judge Castel specifically considered the plaintiffs’ claims that Alibaba’s online marketplace and the merchants that used it constituted a criminal enterprise under RICO.  Judge Castel rejected this argument, holding that lack the coordination necessary to create a RICO enterprise:
Continue Reading Judge Castel Dismisses RICO Claims in Case Over Alibaba Selling Counterfeit Goods

Yesterday, Italian fashion company Aquazurra filed a complaint against Ivanka Trump and her partner Marc Fisher over shoes that allegedly infringe on Aquazurra’s designs.  Trump’s company markets a red “Hettie” shoe that Aquazurra claims infringes on its famous “Wild Thing” shoe (pictured here):

Shoes with Caption

Aquazurra alleges that at least two other Trump shoes infringe on Aquazurra’s

Today, Salvatore Ferragamo S.p.A. filed a complaint against former NFL quarterback Vincent Ferragamo (who led the LA Rams to Super Bowl XIV as a rookie in 1980) and his Ferragamo Winery near Los Angeles.  While Salvatore Ferragamo does not currently license its name for wines, it had previously done so in the U.S. in the 1980s.  Ferragamo (the Italian fashion brand) claims that Ferragamo (the winery) creates consumer confusion and violates Salvatore Ferragamo’s U.S. trademarks:

Continue Reading Salvatore Ferragamo Brings Trademark Claims Against Former NFL Quarterback’s Ferragamo Winery

In an opinion this week, Judge Gardephe granted the plaintiffs’ motion to dismiss their own federal trademark claims, but found that the defendants’ declaratory judgment counterclaims were enough to preserve federal jurisdiction.  Defendant Chobani had alleged that the dismissal of the federal law claims was simply a tactic for the plaintiffs to attempt to defeat federal subject matter jurisdiction and effectively move the case to state court.

Continue Reading Judge Gardephe Allows Plaintiff to Dismiss Own Federal Patent Claims Against Chobani But Preserves Federal Jurisdiction

On Monday, Judge Cote granted a laser hair removal operator’s request for an injunction (included as part of a summary judgment motion) against another laser hair removal operator that had posted false reviews from fake accounts on internet consumer forums including Yelp.com and CitySearch.com.  Judge Cote found that these reviews represented unfair trade practices under the Lanham Act and granted a permanent injunction, citing the defendants’ “willingness to use deceit to shape the market in which it functioned.”
Continue Reading Judge Cote Grants Permanent Injunction for Fake Internet Reviews About Competitor

In an order dated Friday, Judge Carter dismissed Louis Vuitton’s lawsuit against Warner Brothers for allegedly using a knockoff Louis Vuitton handbag in a scene in the movie “Hangover: Part II.” The challenged scene takes place in an airport in Thailand. Stu (Ed Helms) makes room on an airport seat by moving aside the handbag of Alan (Zach Galifianakis), prompting Alan to say: “Careful that is . . . that is a Lewis Vuitton.” Louis Vuitton claimed the bag was actually a knockoff “Diophy” bag, but Judge Carter concluded that allegation was insufficient to state a claim under the Lanham Act or related state law theories because there was no plausible likelihood of consumer confusion:
Continue Reading Judge Carter Dismisses Louis Vuitton’s Challenge to Use of Knockoff Handbag in “Hangover: Part II” Movie