Diane Von Furstenberg Studio, LP v. Forever 21, Inc. et al Featured Case

Diane Von Furstenburg Studio alleges that forever 21 produced, marketed, advertised, distributed, offered for sale and sold dresses nearly identical to Diane Von Furstenburg's Cerisier and Aubrey dresses that bear designs identical to Diane Von Furstenburg copyrights.

Plaintiff: Diane Von Furstenberg Studio, LP
Defendant: Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC, Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc. and Forever 21 Investments, LLC
Counter Claimant: Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc. and Forever 21 Logistics, LLC
Counter Defendant: Diane Von Furstenberg Studio, LP
Case Number: 1:2007cv02413
Filed: March 23, 2007
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Victor Marrero
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101 Copyright Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2007 Opinion or Order Filing 25 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: Pursuant to Rules 41(a)(1)(ii) and 41(c) of the FRCP, this action is dismissed in its entirety with prejudice and each party shall bear its own costs and attorneys' fees. The parties have settled all disputes existing between them with respect to this action. This Court shall retain exclusive jurisdiction of this matter to enforce the obligations of the parties under the terms of their confidential settlement agreement. (Signed by Judge Victor Marrero on 11/9/07) (dle)
November 9, 2007 Opinion or Order Filing 24 STIPULATION ORDER FOR PERMANENT INJUNCTION ON CONSENT: Defendants affiliates, officers, agents etc. are permanently enjoined and restrained from the manufacture, reproduction, importation, exportation, preparation, promotion, display, sale and/or designs substantially similar to the DVF Designs, including use of the copyrights, designs and apparel identified in Exhibits A-L of the Second Amended Complaint in this Action. It is further ordered, that this Court has jurisdiction over the parties, and the subject matter of the action. this Court shall retain jurisdiction to the extent necessary to enforce this injunction, and the confidential Settlement Agreement seperately entered into between the parties, and to determine any issues that may arise under either. (Signed by Judge Victor Marrero on 11/9/07) (js)
October 22, 2007 Opinion or Order Filing 23 ENDORSED LETTER addressed to Judge Victor Marrero from Scott Gelin dated 10/19/2007 re: September 7, 2007, the Court conditionally discontinued the action for 30 days without prejudice. On October 5, 2007, parties sought and were granted an extension of the conditional discontinuance for an additional two weeks until October 22, 2007. ENDORSEMENT: Request GRANTED. The Conditional Order Discontinuance herein is amended to extend until 11-5-07 the date by which plaintiff may restore the action to the Court's active calendar. SO ORDERED (Signed by Judge Victor Marrero on 10/19/2007) (jmi)
October 9, 2007 Filing 22 ENDORSED LETTER addressed to Judge Victor Marrero from Scott Gelin and Peter S. Sloane dated 10/5/07 re: Parties request an additional two (2) weeks to finalize settlement within which time the parties anticipate sending the Court a notice of dismissal. ENDORSEMENT: Request GRANTED. The Conditional Order of Discontinuance is amended to extend until 10/22/07 the date by which plaintiff may restore this action to the Court's active calendar. (Signed by Judge Victor Marrero on 10/5/07) (db)
September 7, 2007 Opinion or Order Filing 21 CONDITIONAL ORDER OF DISCONTINUANCE: That this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Any further conferences with the Court scheduled in this action are cancelled. The Clerk of Court is directed to close this case. (Signed by Judge Victor Marrero on 9/7/2007) (jar)
July 27, 2007 Minute Entry for proceedings held before Judge Victor Marrero : Status Conference held on 7/27/2007. Status Conference set for 9/12/2007 at 04:30 PM before Judge Victor Marrero. Discovery to proceed to facilitate settlement disclosures. (tro)
July 25, 2007 Filing 20 NOTICE OF INITIAL CASE MANAGEMENT CONFERENCE: Counsel for all parties are directed to appear for an initial case management conference set for 7/27/2007 at 4:45 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE TO ALL PARTIES. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Marrero's Rules. (Signed by Judge Victor Marrero on 7/24/07) (tro)
July 9, 2007 Filing 19 ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC.(Hahn, Douglas)
July 9, 2007 Filing 18 ANSWER to Counterclaim. Document filed by Diane Von Furstenberg Studio, LP.(Gelin, Scott)
June 19, 2007 Filing 17 SECOND AMENDED COMPLAINT amending 6 Amended Complaint, against Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC.Document filed by Diane Von Furstenberg Studio, LP. Related document: 6 Amended Complaint, filed by Diane Von Furstenberg Studio, LP. (Attachments: # 1)(jco)
June 19, 2007 Opinion or Order Filing 16 STIPULATION AND ORDER: Plt Diane von Furstenberg Studio, LP may submit its Second Amended Complaint in this action. The date for Defts' response to that Complaint shall be 20 days from the Court's entry of this Order. Plt's response to Defts' counterclaim shall likewise be due 20 days from the Court's entry of this Order. (Signed by Judge Victor Marrero on 6/19/2007) (jar)
June 19, 2007 Opinion or Order Filing 15 STIPULATION AND ORDER: Plt Diane von Furstenberg Studio, LP may submit its Second Amended Complaint in this action. The date for Defts' response to that Complaint shall be 20 days from the Court's entry of this Order. Plt's response to Defts' counterclaim shall likewise be due 20 days from the Court's entry of this Order. (Signed by Judge Victor Marrero on 6/18/2007) (jar)
June 1, 2007 Filing 14 ANSWER to Amended Complaint., COUNTERCLAIM against Diane Von Furstenberg Studio, LP. Document filed by Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC.(Sloane, Peter)
June 1, 2007 Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC.(Sloane, Peter)
May 25, 2007 Filing 12 ENDORSED LETTER addressed to Judge Marrero from Peter Sloane dated 5/17/07 re request to extend time to answer the complaint to 5/25/07: request granted. The time for defts to answer or otherwise respond to the complaint herein is extended to 5/25/07. (Signed by Judge Victor Marrero on 5/24/07) (cd)
May 25, 2007 Filing 11 ENDORSED LETTER addressed to Judge Marrero from Peter Sloane dated 5/25/07 re request for a one week extension of time to answer the First Amended Complaint: request granted. The time for deft to answer the complaint is extended to 6/1/07. (Signed by Judge Victor Marrero on 5/25/07) (cd)
May 25, 2007 Set Answer Due Date purs. to 12 Endorsed Letter, as to Forever 21, Inc. answer due on 5/25/2007; Forever 21 Retail, Inc. answer due on 5/25/2007; Forever 21 Logistics, LLC answer due on 5/25/2007. (cd)
May 25, 2007 Set Answer Due Date purs. to 11 Endorsed Letter, as to Forever 21 Capital Holdings, LLC answer due on 6/1/2007; Forever 21 International Holdings, Inc. answer due on 6/1/2007; Forever 21 Investments, LLC answer due on 6/1/2007; Forever 21, Inc. answer due on 6/1/2007; Forever 21 Retail, Inc. answer due on 6/1/2007; Forever 21 Logistics, LLC answer due on 6/1/2007. (cd)
May 16, 2007 Filing 9 NOTICE OF APPEARANCE by Peter Samuel Sloane on behalf of Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC (Sloane, Peter)
May 15, 2007 Filing 10 ENDORSED LETTER addressed to Judge Victor Marrero from Art C. Cody dated 5/14/07 re: Defendants seek a four day extension to the filing of the answer. The answer is currently due May 14, 2007 with the requested extension the answer would be due Friday May 18, 2007. ENDORSEMENT: Request GRANTED. The time for defendants to answer or otherwise move with respect to the complaint in this action is extended to 5/18/07 (Signed by Judge Victor Marrero on 5/14/07) (js)
May 15, 2007 Set Answer Due Date purs. to 10 Endorsed Letter, as to Forever 21 Capital Holdings, LLC answer due on 5/18/2007; Forever 21 International Holdings, Inc. answer due on 5/18/2007; Forever 21 Investments, LLC answer due on 5/18/2007; Forever 21, Inc. answer due on 5/18/2007; Forever 21 Retail, Inc. answer due on 5/18/2007; Forever 21 Logistics, LLC answer due on 5/18/2007. (js)
May 14, 2007 Filing 8 NOTICE OF APPEARANCE by Art C. Cody on behalf of Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC (Cody, Art)
April 19, 2007 Filing 7 ACKNOWLEDGMENT OF SERVICE. Forever 21 Capital Holdings, LLC served on 4/17/2007, answer due 5/7/2007; Forever 21 International Holdings, Inc. served on 4/17/2007, answer due 5/7/2007; Forever 21 Investments, LLC served on 4/17/2007, answer due 5/7/2007; Forever 21, Inc. served on 4/17/2007, answer due 5/7/2007; Forever 21 Retail, Inc. served on 4/17/2007, answer due 5/7/2007; Forever 21 Logistics, LLC served on 4/17/2007, answer due 5/7/2007. Service was accepted by Young Kwon, Esq. Attorney for Defendants. Service was made by Federal Express. Document filed by Diane Von Furstenberg Studio, LP. (Gelin, Scott)
April 12, 2007 Filing 6 AMENDED COMPLAINT amending 1 Complaint against Forever 21 Capital Holdings, LLC, Forever 21 International Holdings, Inc., Forever 21 Investments, LLC, Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC.Document filed by Diane Von Furstenberg Studio, LP. Related document: 1 Complaint filed by Diane Von Furstenberg Studio, LP.(jco)
April 5, 2007 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Forever 21 Retail, Inc. served on 3/30/2007, answer due 4/19/2007. Service was accepted by Young Kwon, Legal Counsel. Document filed by Diane Von Furstenberg Studio, LP. (Gelin, Scott)
April 5, 2007 Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. Forever 21, Inc. served on 3/30/2007, answer due 4/19/2007. Service was accepted by Young Kwon, Legal Counsel. Document filed by Diane Von Furstenberg Studio, LP. (Gelin, Scott)
April 5, 2007 Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint served. Forever 21 Logistics, LLC served on 4/2/2007, answer due 4/23/2007. Service was accepted by National Registered Agents, Inc.. Document filed by Diane Von Furstenberg Studio, LP. (Attachments: # 1 Summons)(Gelin, Scott)
March 23, 2007 Mailed notice to Register of Copyrights to report the filing of this action. (jpo)
March 23, 2007 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diane Von Furstenberg Studio, LP.(jpo)
March 23, 2007 Filing 1 COMPLAINT against Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC. (Filing Fee $ 350.00, Receipt Number 609942)Document filed by Diane Von Furstenberg Studio, LP.(jpo)
March 23, 2007 SUMMONS ISSUED as to Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC. (jpo)
March 23, 2007 Case Designated ECF. (jpo)
March 23, 2007 Magistrate Judge Theodore H. Katz is so designated. (jpo)

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Plaintiff: Diane Von Furstenberg Studio, LP
Represented By: Harley Irwin Lewin
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Defendant: Forever 21, Inc.
Represented By: Peter Samuel Sloane
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Defendant: Forever 21 Retail, Inc.
Represented By: Peter Samuel Sloane
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Defendant: Forever 21 Logistics, LLC
Represented By: Peter Samuel Sloane
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Defendant: Forever 21 Capital Holdings, LLC
Represented By: Peter Samuel Sloane
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Defendant: Forever 21 International Holdings, Inc.
Represented By: Peter Samuel Sloane
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Defendant: Forever 21 Investments, LLC
Represented By: Peter Samuel Sloane
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Counter claimant: Forever 21 Capital Holdings, LLC
Represented By: Peter Samuel Sloane
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Counter claimant: Forever 21 International Holdings, Inc.
Represented By: Peter Samuel Sloane
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Counter claimant: Forever 21 Investments, LLC
Represented By: Peter Samuel Sloane
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Counter claimant: Forever 21, Inc.
Represented By: Peter Samuel Sloane
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Counter claimant: Forever 21 Retail, Inc.
Represented By: Peter Samuel Sloane
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Counter claimant: Forever 21 Logistics, LLC
Represented By: Peter Samuel Sloane
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Counter defendant: Diane Von Furstenberg Studio, LP
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