BC Ethic prevails; federal court denies preliminary injunction; Lucky Brand is not lord of the flys.LOS ANGELES--(BUSINESS WIRE)--July 10, 1996--BC Ethic, the fast-growing contemporary men's streetwear line, has achieved a victory of sorts regarding Lucky Brand Dungarees' failed attempt to have a federal court enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. BC Ethic's practice of both placing labels inside the fly of its jeans and printing on the inside pockets. On June 24, 1996, U.S. District Court Judge Linda McLaughlin rejected the Lucky Brand Dungarees' motion for preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. . McLaughlin found that Lucky had not proved that it had any trademark rights in the placement of the label or bold symbols on pocketing, noting, "There appears to be widespread and common use of a rectangular cloth label sewn onto the inside panel of a jeans fly and bold designs imprinted on the inner surface of the front pant pant v. To breathe rapidly and shallowly. pockets in the industry." McLaughlin also found that there was no resemblance between BC Ethic's label and pocket patterns and those of Lucky, thus rejecting any copying claims and allegations. In the Lucky Brand lawsuit filed in U.S. District Court in Santa Ana Santa Ana, city, El Salvador Santa Ana (sän'tä ä`nä), city (1993 pop. 129,873), W El Salvador. It is the second largest city in the country and the commercial and processing center for a sugarcane, coffee, and cattle region. , Calif., Lucky claimed that it had the exclusive right to put rectangular labels inside the fly of jeans. Lucky attempted to charge BC Ethic with trademark infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). because of its use of an embroidered em·broi·der v. em·broi·dered, em·broi·der·ing, em·broi·ders v.tr. 1. To ornament with needlework: embroider a pillow cover. 2. label (featuring a variety of silhouettes inspired by the classic 1940s pin-up girls) on the inside fly of its jeans. Lucky also failed in its claim that the inside pockets of BC Ethic's jeans, which are printed with a crowned ace of spades logo featuring the BC Ethic name, also infringed on its exclusive right to use "large, bold symbols" on jeans pocketing. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. BC Ethic's President Jeff Shafer: "We strongly believe that our designs stand on their own merit, and we are glad that this issue has finally been put to rest. We look forward to forging ahead with the continued growth and expansion of our entire apparel line, in particular, our unique trouser division." CONTACT: BC Ethic Jeff Shafer, 213/892-9044 or Lynch Archer PR Cheryl Lynch, 213/654-5850 |
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