Tag Archives: Unauthorized Use

Burberry Sues Armenian Coffee House

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(This story is based on reporting from the Armenian website http://hetq.am/)

[Ed. Note: As of press time, our reporter has not confirmed any of the following: (i) the jurisdictional authority of the Court hearing the case, (ii) the scope of Burberry's trademarks, and (iii) the precise issues upon which this case turns.  HOWEVER, even without updates on the foregoing, this story illustrates the global nature of the copying a company such as Burberry faces.]

Burberry Ltd., a British luxury design house, has filed a lawsuit against Armenian coffee
house chain, Jazzve Ltd., for trademark infringement according to Hetq Online. Burberry Ltd. is the owner of several trademarks including the Burberry name as well as its distinctive tartan pattern. In February 2011, Burberry registered its marks with the Ministry of Economy’s Intellectual Property Agency in Armenia.

Burberry has claimed that Jazze Coffee has used the Burberry tartan pattern in the décor of its coffee houses without Burbery’s permission. Jazzve’s attorney, Grigor Minasyan, has stated that his client does not believe it has infringed on Burberry’s trademark and are seeking clarification of the trademark from the Intellectual Property Agency.

Burberry allegedly sent a cease and desist letter to Jazzve in November 2011 urging them to stop using their trademark in the Jazzve coffee houses. The design house has now taken the case to the Yerevan Kentron and Nork-Marash Administrative Court for adjudication.

The Yerevan Kentron and Nork-Marash Administrative Court is a court of general jurisdiction, hearing all criminal and civil cases for Center and Nork-Marash Administrative Districts in Armenia. The court resides in the city of Yerevan. Judge Ruben Nersisyan will hear Burberry’s claim.

Jazzve Coffee house- Komitas str. 16

Jazzve Coffee opened its first location in Yerevan, Armenia in 2003 and has since then gained wide popularity in the Armenia, making it one of the ten most popular brands in the area, according to its website. It has since opened several more coffee shops, 9 in Armenia and 4 in Russia with plans of opening 2 more shops in the near future.

Jazzve’s website even acknowledges its use of the Burberry pattern on its chairs.

“Company’s policy is based on the ideology that says: “non-traditional approach to traditional things”. “Jazzve” coffee houses attract customers with their old-fashioned interior style, original design of menu and waiters’ uniforms. The style is the same for all Jazzve locations, design includes certain elements that can be noticed in all coffee houses: the walls are of light coffee colour, there are coffee corns depicted on walls and ceilings and coffee pots hanging from the ceilings, ball shaped lamps made of paper, which also have coffee corns depicted on them, provide the lighting. The chairs are covered with Burberry pattern fabric and are of the same type in all Jazzve locations. Old newspapers and photos placed under glass on the tables remind visitors of Soviet period. Books and book shelves are also an integral part of interior, here customers may find books of any theme and genre, mainly of soviet period publication. Altogether, interior is decorated in retro style of 70’s and all elements that can be seen in different parts of coffee houses remind of a typical apartment of Soviet period: clocks on the walls, Russian samovars, musical instruments, gramophones, recording discs, etc.”

Jazzve has clearly taken the interior design of their coffee houses very seriously. After looking at the photos on Jazzve’s website it is apparent that their use of the alleged Burberry tartan pattern is not limited to just the chairs but is incorporated into the overall interior design of the shops. Jazzve has used the alleged Burberry tartan pattern on chairs, the bar, table clothes and hanging ceiling features.

Jazzve has become very well known in Russia and Armenia and it has even attempted to expand the brand into the United States by opening a location in Sherman Oaks, CA. The California location has since closed but more locations are set to open in Armenia and Russia.  It will be interesting to see how this plays out since Jazzve does not think it has infringed on Burberry’s trademark and will clearly be reluctant to change the interior of all its coffee houses.

TEEN MODEL Suit Moves Forward Against Urban Outfitters

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Re: “TEEN MODEL” versus Urban Outfitters (UO), et al, a case involving, in part, the

Urban Outfitters Image

taking and publishing photographs of the minor, who is a model. (Note: the Plaintiff who is the subject of this article is referred to only as “TEEN MODEL,” as she is identified in the caption of the complaint.)

Urban Outfitters’ Motion to Dismiss TEEN MODEL’s complaint has been rejected by the Hon. George Daniels, Federal District Judge in the Southern District of New York (S.D.N.Y.).  Thus, it appears as though the suit against UO will be moving forward, without further delay. Continue reading →

Model Sues Over Alleged Unauthorized Use of Her Image

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IMG model Yuliana Bondar recently filed suit in the United States District Court for the Southern District of New York against LASplash Cosmetics, alleging, inter alia, that an image of her was featured without her consent in an ad campaign by the company.  (Links to the Complaint and Exhibits are provided at end of this post).

Bondar is a well-known model signed to IMG Models, an agency that has also represented top models Heidi Klum, Gisele Bündchen and Tyra Banks.  She has walked the runway for Anne Klein, BCBG Max Azria, Tracy Reese, Marchesa, and Tory Burch, appeared in high-end catalogs for Bloomingdales, Bergdorf Goodman, and Saks Fifth Avenue, and has been featured in French Vogue, Elle, and Marie Claire.  LASplash Cosmetics designs and manufactures cosmetics, sold in over thirty countries.  The complaint states that LASplash advertises their products in publications Seventeen, Teen, Nylon, In Style, OK, and American Cheerleader – a far cry from the publications Bondar has been featured in.

Bondar’s complaint alleges that New York-based photographer and defendant David Byun contacted Major Models, Bondar’s then agency, to have her appear for a photo shoot at George Brown Studio in New York.  Bondar was never paid for the shoot, nor did she sign a release in connection with it.  She claims that, “neither she nor her management team would have agreed for her to appear as “the face” of LASplash,” based on the high caliber of designers she has worked with in the past.  The complaint further states that the images in the LASplash campaign were used without her permission, authorization, or written release.  Bondar believes that the undisclosed and unauthorized use of her image damaged her career and inhibits her from working with cosmetics campaigns that may require exclusivity in the future.  She is claiming unfair competition under the Trademark Act of 1946 (the Lanham Act), copyright infringement under the Copyright Act of 1976, unfair competition under the common law of the State of New York, and a violation of her rights under sections 50 and 51 of the New York Civil Rights Law.

Bondar’s fear about LASplash’s advertisements negatively affecting the possibility of being offered future cosmetics campaigns does seem to be warranted, as these contracts typically include exclusivity clauses.  Generally, an exclusive agreement clause prevents a party to the contract from entering a similar contract with a third party.  If Bondar is seen as the “face” of LASplash, her ability to obtain a lucrative exclusive contract with another beauty brand could be seriously jeopardized.  She is seeking damages for the “unauthorized use” of her image because she is claiming that the ad is already hurting her career.

The complaint specifically states that these cosmetics campaigns, “are the landmark of a models career and are the most lucrative of all campaigns, as they result in the increased value of a models image.”  New York Magazine’s “What’s the Ultimate Job a Model Can Book These Days?” November story by James Lim supports this argument.  Lim asks some of the most influential players in the modeling world what they believe to be the most desirous opportunities to be, and the overwhelming response was cosmetics contracts.  Chris Gay, the President of Marilyn Agency, answered, “Cosmetics contracts are always considered the crown jewel of a model’s career.”  Top model Coco Rocha said, “Any perfume and cosmetics contract, of course.”  And model Crystal Renn revealed that, “The coveted cosmetics contract is always the Holy Grail.  It also offers the opportunity to work on representing a brand in a higher, more meaningful manner.”

Nearly all models are vying for a cosmetics campaign offer, so a situation like the one that Bondar has found herself in is certainly worrisome.  With LASplash advertisements out there, Yuliana Bondar’s chances of becoming the “face” of another beauty brand – and reaping the benefits of such a contract – are slim.

FashionLawCenter readers who are hungry for all the information they can get, click on both Complaint and on Exhibits.

For another, lighter, look at this story, refer to CosmeticsDesign.com.