Harajuku Lovers LLC v. Forever 21 Inc., Forever 21 Retail Inc.
Published: May 16, 2009 | Result Date: Dec. 31, 2008 | Filing Date: Jan. 1, 1900 |Case number: 2:07-cv-03881-ODW-SS Settlement – Injunction
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
In 2005, Gwen Stefani began operating Harajuku Lovers, LLC, which sold fashion accessories and apparel. On March 6, 2007, Harajuku Lovers sent a certified cease-and-desist letter to Forever 21 to cease use of designs and trademarks allegedly owned by Harajuku Lovers. After Forever 21 failed to cease use of the designs, Harajuku Lovers sued Forever 21 Inc., and Forever 21 Retail Inc. for trademark infringement.
Contentions
PLAINTIFF'S CONTENTIONS:
Harajuku Lovers claimed that Forever 21's designs confused consumers due to their similarity to Harajuku Lovers' designs and that Forever 21 engaged in unfair competition.
DEFENDANT'S CONTENTIONS:
Forever 21 contended that it did not commit trademark infringement and that Harajuku Lovers' trademarks were invalid.
Damages
Harajuku Lovers sought $77,000 in damages as well as punitive damages, attorney fees, costs and a permanent injunction.
Result
The parties' settlement enjoined Forever 21 from using the plaintiff's trademarks.
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