JA Apparel Corp. v. Abboud et al
| JA Apparel Corp. |
| Joseph Abboud, Houndstooth Corp. and Herringbone Creative Services, Inc. |
| 1:2007cv07787 |
| September 4, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Theodore H. Katz |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| None |
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Filing
67
MEMORANDUM OPINION AND ORDER. On this record, the Court concludes that JA Apparel was not the prevailing party in this action. The judgment was "mixed," with Abboud prevailing on the issue most seriously in contention, and JA Apparel prevailing on the other issues. Accordingly, JA Apparel's application for costs is denied. Each party shall bear its own cots. (Signed by Magistrate Judge Theodore H. Katz on 4/13/10) (djc)
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Filing
58
MEMORANDUM OPINION AND ORDER: #98452 that Abboud is permanently enjoined from the following conduct: 1) Abboud may not use his name - either personally, through Houndstooth, or through any other entity with which he is affiliated - as a trademark, se rvice mark, trade name or brand name ; 2) Abboud may not use his name in any manner on "jaz" clothes, labels, hang-tags, or product packaging; 3) Abboud may not use his name in promotionaland advertising materials, unless his name is used d escriptively, in the context of a complete sentence or descriptive phrase, and it must be no larger or more distinct than the surrounding words in that sentence or phrase; 4) Abboud must prominently display his trademark 'jaz" (or any other trademark) on any ad containing his personal name as discussed above; and 5) Should Abboud use his name as proposed in Defendants' Exhibit 187 and 188 or anything similar, he must include a disclaimer of any affiliation with JA Apparel and prod ucts sold under the Joseph Abboud trademarks. Such disclaimer shall be no smaller than the accompanying text in which Abboud uses his name. The Clerk of Court shall enter Judgment consistent with the terms of this Memorandum Opinion and Order. (Signed by Magistrate Judge Theodore H. Katz on 1/12/2010) (tve) Modified on 1/15/2010 (ajc).
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