New York fashion house Tory Burch LLC was awarded damages and attorney fees in excess of $41 million in an infringement case against a New York-based jewelry company.
In a suit filed in federal court in May 2013, the company accused Lin & J International Inc. of making and selling knockoff clothing and jewelry bearing Tory Burch trademarks.
U.S. District Judge Denise Cote made the awards in light of what she called the defendant’s infringement fraud, altering of evidence, filing of “spurious counterclaims” and “substantial delay” of the litigation. She said the founder of the defendant company “repeatedly perjured herself -- not only before the court in this action” but also before the U.S. Patent and Trademark Office.
In a final judgment entered July 10, she awarded damages totaling $38.9 million, attorney fees of $2.29 million and pre-judgment interest of 3 percent. She also awarded litigation costs at an amount to be determined later and issued an order barring the manufacture and sale of any infringing products.
Additionally, she ordered the recall and destruction of all remaining infringing products and promotional material, telling the defendants they had to withdraw a pending trademark application.
Source: Bloomberg
