Phillips-Van Heusen Corp., Calvin Klein, Inc., and Calvin Klein Trademark Trust v. Calvin Clothing Company, Inc. and Star Ride Kids, Inc.

Phillips-Van Heusen Corp., Calvin Klein, Inc., and Calvin Klein Trademark Trust v. Calvin Clothing Company, Inc. and Star Ride Kids, Inc.

S.D.N.Y. (2006)

Fitzpatrick Wins Judgment On Behalf of Phillips-Van Heusen Corp.

On behalf of their clients Phillips-Van Heusen and Calvin Klein, Inc., Fitzpatrick attorneys recently prevailed after a one week trial by winning a judgment that Calvin Clothing’s attempt to use and register CALVIN trademarks for a wide variety of apparel infringed on CALVIN KLEIN and CALVIN trademarks, and diluted these trademarks under New York law. Judge Rakoff found that Calvin Clothing Company’s 30 years of priority over Calvin Klein with use of CALVIN for one category of apparel was not a basis for it to expand into other categories of apparel. Also, Judge Rakoff found that use of CALVIN and CALVINS as abbreviations of the CALVIN KLEIN trademarks by the public and media inured to Calvin Klein, Inc.’s benefit, and was a basis for common law rights in CALVIN. Judge Rakoff ordered that defendants’ expanded use of CALVIN be immediately ceased. The Fitzpatrick litigation team was led by Ed Vassallo and Larry Scinto.