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Federal Court Grants Clothing Designer Jaysix USA, Inc.’s Motion For Attorneys’ Fees In Trademark Infringement Lawsuit
On March 17, 2008, a Los Angeles federal judge awarded well-known clothing designer and wholesaler Jaysix USA, Inc. nearly $39,000 dollars in attorneys’ fees and costs following its successful defense of a trademark infringement and unfair business practices lawsuit brought by rival clothier DSPT International, Inc.
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March 21, 2008 (FPRC) -- LOS ANGELES—On March 17, 2008, a Los Angeles federal judge awarded well-known clothing designer and wholesaler Jaysix USA, Inc. nearly $39,000 dollars in attorneys’ fees and costs following its successful defense of a trademark infringement and unfair business practices lawsuit brought by rival clothier DSPT International, Inc.
The trademark infringement lawsuit was originally filed in January 2006 by DSPT in the U.S. District Court for the Central District of California (Case No CV06-0308 ODW (AJWx)). Seeking close to half a million dollar in damages, DSPT had claimed Jaysix, among other things, infringed on several trademarks associated with DSPT’s clothing labels called EQ and Equilibrio. On August, 17, 2007, Judge Otis Wright II summarily dismissed all of DSPT’s claims against Jaysix finding that “aside from [DSPT’s] bare allegation, DSPT offers no evidence that Jaysix ever used, utilized or otherwise infringed” on DSPT’s marks.
Attorneys for Jaysix, the Quintana Law Group, APC, then filed papers seeking to recover attorneys’ fees and costs spent by Jaysix in its defense.
In an order issued on March 17, 2008, Judge Wright agreed with Jaysix that DSPT’s lawsuit was “unreasonable” and ordered DSPT to pay Jaysix $38,887.50 by April 3, 2008. In making the ruling, Judge Wright reaffirmed that DSPT’s trademark infringement theories were “farfetched” and lacked evidentiary support and that its anti-cybersquatting claim “proved even more specious.”
“We appreciate Judge Wright’s thoughtful consideration of the merits of Jaysix’s defense and award of attorneys’ fees and costs in our favor,” said Guy Prudhomme, chief executive officer of the Fredericksburg, Virginia-based company. “We look forward to putting this matter behind us and creating another great collection of fashionable menswear.”
Representing Jaysix were intellectual property attorneys Andres Quintana and Daniel Talyor of the Quintana Law Group, APC.
About Jaysix USA, Inc.
Jaysix USA is a Virginia-based designer and wholesaler of prominent and high-end men's clothing lines. Its lines include James Tattersall (a value-driven collection of British-inspired sportswear) and Vluxe (a group of contemporary sportswear created and designed by Lucky Nahum, creative director of Jaysix). Jaysix's customers include independent menswear retailers as well as national retailers such as Nordstrom, Harold's Stores, JC Penney, Kohl's and Steinmart. For more information about Jaysix, please visit www.vluxe.net or telephone (540) 372-6450.
About the Quintana Law Group, APC
The Quintana Law Group, APC is a versatile civil litigation firm representing diverse clients in local and multi-jurisdictional litigation and other high-stakes disputes. The firm specializes in intellectual property matters. For more information, please refer to www.QLGLaw.com.
Send an email to Jennifer Daniello of DSPT
(818) 914-2100
Keywords:
Trademark, Quintana Law Greoup, Jaysix
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