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Jeri-Jo Knitwear, Inc. v. Club Italia, Inc.

94 F. Supp. 2d 457 (2000)

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Jeri-Jo Knitwear, Inc. v. Club Italia, Inc.

United States District Court for the Southern District of New York

94 F. Supp. 2d 457 (2000)

Facts

In 1999, the Southern District of New York issued a consent judgment prohibiting Sixty S.p.A. and Sixty U.S.A. (collectively, Sixty) (defendants) from advertising or promoting apparel that bore the trademark ENERGIE (Energie) within the United States. The Energie trademark was registered and owned in the United States by Jeri-Jo Knitwear Inc. (plaintiff). In numerous other countries worldwide, Sixty owned the Energie trademark and right to sell Energie-branded clothing. Sixty manufactured, advertised, and sold high-end denim apparel under several labels, including Energie. Sixty operated three websites, whose servers were in Italy: www.misssixty.com, www.sixty.net, and www.energie.it. The first two websites (the Sixty sites) displayed various products for sale but did not display Energie products. The Sixty sites included a link to www.energie.it that displayed Sixty’s line of Energie apparel. Each site was accessible to American and international users, but American users were more accustomed to accessing sites ending in “.com” and “.net” and less accustomed to using sites ending in “.it.” In 2000, Jeri-Jo Knitwear requested the court find Sixty in contempt of the consent judgment based on Sixty’s websites.

Rule of Law

Issue

Holding and Reasoning (Owen, J.)

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