Westchester resident and fashion designer Joseph Abboud this week faced a second judicial court order preventing him from branding his own name.
Abboud in 2000 sold all rights to the Joseph Abboud intellectual property for $65.5 million to JA Apparel Corp., a menswear clothier based in New York City.
Two years ago, JA Apparel filed suit against the designer for trademark infringement and breach of contract when the designer sought to use the slogan “Jaz: A New Composition by Joseph Abboud” for a line of menswear.
After an appeal by Abboud, the injunction was vacated by the Second Circuit Court of Appeals.
In this week”™s permanent injunction, U.S. Magistrate Judge Theodore Katz of the Southern District of New York ruled in favor of the apparel company in ownership of the Joseph Abboud trademark and related intellectual property.
“We are thrilled with this result from the court,” said Marty Staff, president and CEO of JA Apparel Corp., in a statement. “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. We are hopeful that this ruling ends this case and enables us to focus on continuing our successful efforts to build the Joseph Abboud global lifestyle brand in markets around the world.”
