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Designers hitting target with suits over trademarks.


Target Corp.'s goal of offering its bargain-conscious customers the latest runway looks is running afoul of a·foul of  
prep.
1. In or into collision, entanglement, or conflict with.

2. Up against; in trouble with: ran afoul of the law. 
 those who charge designer prices for the real thing.

The Minneapolis-based Target is facing a number of lawsuits by designers and clothing companies, several based in the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  area, that have become more aggressive in protecting their intellectual property.

Two suits in particular have drawn plenty of attention. Coach Inc. sued Target in late September for 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).  after a black market purse with Coach tags was found on Target's shelves.

Vernon-based. Lucky Brand Dungarees dun·ga·ree  
n.
1. A sturdy, often blue denim fabric.

2. dungarees Trousers or overalls made of sturdy denim fabric.



[Hindi du
 Inc. a few weeks later filed a copyright infringement against Target and Maximum Exposure, which designs one of the retailer's house lines. Lucky alleged that Maximum Exposure's floral-embroidery and rear-pocket look were similar enough to infringe on its designs.

Westlake Village-based K-Swiss Inc. filed a trademark infringement suit against the retailer this spring. Fort Worth, Texas-based Bombay Company Inc. also has sued. All either declined to comment or could not be reached.

Target isn't the only company facing this kind of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. The Fendi Adele division of Paris-based LVMH LVMH Moët Hennessy-Louis Vuitton (upscale retailer)  Moet Hennessy Louis Vuitton SA recently filed a trademark infringement suit against Benton, Ark.-based Wal-Mart Stores Inc.

The suits may not mean the retailers are cutting comers to deriver hip wares. Michael Wachtell of Buchalter Nemer PC said designers and manufacturers are more vigilant about protecting their intellectual property.

"Brands are becoming extremely savvy about protecting designs and intellectual property," Wachtell said. "They spend huge amounts of money in developing brand identification--and price identification."

John Stephens at Sedgwick Detert Moran & Arnold LLP LLP - Lower Layer Protocol  noted that designers are lobbying Congress for protection of designs and cuts of clothing just like works of art. David McDowell of Morrison & Foerster LLP, who represents Target on some intellectual property matters, said it isn't a trend The timing of the suits is a coincidence, he said.

"The problem is if we're the seller, we can potentially be held liable and people elect to sue the retailer rather than the person who's actually responsible," McDowell said. "They I can sue Target and make them figure it out."
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Title Annotation:News & Analysis
Author:York, Emily Bryson
Publication:Los Angeles Business Journal
Date:Oct 23, 2006
Words:353
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