US: Abboud halted by JA Apparel injunction
Fashion designer Joseph Abboud has been stopped from using his own name in promoting his new collection thanks to an injunction obtained by JA Apparel Corp.
Abboud lost the rights to his eponymous apparel brand when he exited the company in 2005, having sold all the commercial rights to his name five years earlier for US$65.5m.
But he wanted to use his name in promoting his new Jaz clothing line.
JA Apparel opposed this and also alleged that Abboud had violated the terms of a non-compete agreement in place between 2005 and 2007, by disguising his interest in a shirt factory in Massachusetts.
Now US Magistrate Judge Theodore Katz has upheld JA's claims, granting the company a permanent injunction reaffirming its ownership rights to the Joseph Abboud name.
In his ruling, Judge Katz said: "The court concludes that…Abboud sold, conveyed, transferred, assigned, and delivered to JA Apparel all of his right, title and interest to the use of his personal name, in addition to the trademarks, trade names, and designations containing his name, for commercial purposes."
JA Apparel president and CEO Marty Staff welcomed the decision, adding: "While Mr Abboud is free to compete in the consumer marketplace, he simply must do so without in any way using JA Apparel's valuable Joseph Abboud brand name.
"Moving forward, this ruling enables us to focus on continuing our successful efforts to build the Joseph Abboud global lifestyle brand in markets around the world."
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