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JA Apparel re-wins trade rights to Joseph Abboud brand

06
Jun '08
JA Apparel Corp, the maker of fine men's clothing and an array of other products, announced that it has won a permanent injunction reaffirming its ownership of the name, trademarks, trade names, service marks, logos, insignias, designations and all of the trademark registrations applications and goodwill related to the valuable Joseph Abboud brand name.

The injunction, handed down by U.S. Magistrate Judge Theodore Katz, prohibits Mr. Joseph Abboud from infringing on JA Apparel Corp.'s ownership of the Joseph Abboud name and trademarks, which Mr. Abboud sold in 2000. In addition, Judge Katz ruled that Mr. Abboud violated his non compete agreement with JA Apparel.

In his 91-page 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."

The judge said further that: "the Court concludes that Plaintiff JA Apparel is entitled to a permanent injunction prohibiting Abboud ... from using his name to market, advertise, promote, sell, offer to sell, or otherwise distribute any goods and services, including, but not limited to, his new "jaz" clothing line, to the consuming public."

Marty Staff, the President and Chief Executive Officer of JA Apparel Corp, said:
"We are pleased but not surprised that the Judge Katz of the Southern District has recognized our rightful ownership of the Joseph Abboud name and granted our request for a permanent injunction prohibiting Mr. Abboud from 'using his personal name to sell, market, or otherwise promote goods, products, or services to the consuming public.'


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