Italy-based high fashion leader Fendi, a Squire Sanders New York client, has received a US$10.05 million settlement from Burlington Coat Factory Warehouse Corporation for a federal trademark counterfeiting case in which Squire Sanders obtained summary judgments totaling US$10.3 million against Burlington for willful counterfeiting and for contempt. The litigation and settlement have received considerable media attention. The case is Fendi Adele S.R.L., Fendi S.R.L. and Fendi North America, Inc. v. Burlington Coat Factory Warehouse Corporation and Cohoes Fashions, Inc., 06 Civ. 0085 (LBS)(S.D.N.Y.).
“We are hopeful that the district court’s decisions on summary judgment, the magnitude of the monetary settlement and the court’s entry of an enhanced permanent injunction requiring Burlington to file detailed compliance reports every six months for five years will prompt all wholesalers and retailers of branded goods to start to take a long, hard look at what they are selling and where it is coming from,” said Richard L. Mattiaccio, who led the Squire Sanders New York legal team of Victor Genecin and Steven Skulnik. Mattiaccio has represented Fendi in litigated matters since 1992.
Squire Sanders’ New York litigation team has represented Fendi in a number of recently successful trademark counterfeiting cases including civil litigation that resulted in settlements and entry of consent permanent injunctions against Retail Ventures, Inc., Filene’s Basement in bankruptcy and Big M Inc. d/b/a Annie sez.
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