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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

Barneys New York, other retailers allegedly infringed upon another's trademark

Trademark 07

LOS ANGELES — A business has filed suit against various retailers, citing alleged trademark infringement.

Gary G. Young, doing business as Martini Eyewear and/or Martini Bikini, filed a complaint on Aug. 23 in the U.S. District Court for the Central District of California against Phillip Lim LLC, Barneys New York Inc., et al,   alleging that they violated the California Business and Professions Code.

According to the complaint, the plaintiff alleges that on April 1996, he had registered his trademark "Martini" in connection to designing, producing and selling high-end consumer luxury goods and fashion accessories, while the defendants also offered and sold goods that reportedly directly compete with the goods sold under the plaintiff’s registrations, thus causing the plaintiff to purportedly suffer a dilution of his distinctive quality and blurring and tarnishing of his trademarks. 

The plaintiff holds Phillip Lim LLC, Barneys New York Inc., et al responsible because the defendants allegedly capitalized upon the plaintiff's goodwill and reputation and caused confusion as to the source of the products.

The plaintiff requests a trial by jury and seeks judgment against the defendants, injunctive relief, damages, interest, costs, disbursements, attorneys’ fees and other relief as the court may deem appropriate. He is represented by Stephen L. Anderson and Steve Aldaco of Anderson & Associates in Temecula.

U.S. District Court for the Central District of California case number 16-cv-01556

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