ADVERTISEMENT
Car-Freshner wins lawsuit over T-shirts
By BRIAN KELLY
TIMES STAFF WRITER
FRIDAY, MAY 16, 2008

Car-Freshner Corp. has obtained a favorable judgment in its federal lawsuit against a national retailer and a clothing manufacturer who sold T-shirts displaying the Watertown company's trademarked "Little Trees" design.

As part of a consent judgment approved Wednesday by U.S. District Judge Thomas J. McAvoy, the manufacturer, Miro Apparel LLC, Miami, Fla., will pay Car-Freshner a total of $22,500 for infringing on its federally protected trademark.

The Florida company, along with retailers dELiA*s Inc. and Skate Direct LLC, both of New York City, also has agreed to turn over unsold T-shirts with the disputed design and never sell any other product bearing a tree design.

Car-Freshner, which has its corporate headquarters in the Jefferson County Corporate Park off outer Coffeen Street, sued dELiA*s and Skate Direct in January, claiming the companies' stores were selling clothing featuring a design "identical" to Car-Freshner's well-known "Little Trees."

Miro was added to the suit earlier this month as the manufacturer of the shirts and the supplier to the two retailers.

According to court documents, Miro made about 2,470 shirts containing the tree design, all of which it supplied to dELiA*s and Skate Direct at a total price of $16,670. The retailers claim they sold about 1,290 shirts and have about 1,150 remaining.

Per the consent judgment, in addition to the $22,500, which will be paid in six monthly installments, Miro has agreed to pay Car-Freshner a royalty of $2 per shirt sold, or about $2,580, depending on a final accounting of the number of shirts sold.

Also, the manufacturer and retailers have agreed, among other things, to deliver all unsold shirts to Car-Freshner within 15 days of Wednesday.

If Miro or the two retailers violate the consent judgment, they will be made to pay $25,000 for each time they do it and the higher of 25 percent of the retail value or $10 for each item made or sold.

Car-Freshner has a similar trademark infringement suit pending in U.S. District Court against Old Navy LLC, San Francisco, and The Gap Inc., which does business as Old Navy Clothing Co.

ARTICLE OPTIONS
CHANGE TEXT SIZE: A A A
PRINT THIS ARTICLE: Printer-Friendly Version
SHARE IT:
MORE JEFFERSON COUNTY NEWS
7-DAY STORY SEARCH
ADVERTISEMENTS