Vuitton et Fils S.A. v. Carousel Handbags
United States Court of Appeals for the Second Circuit
592 F.2d 126 (1979)
- Written by Serena Lipski, JD
Facts
Vuitton et Fils S.A. (Louis Vuitton) (plaintiff) filed suit against Carousel Handbags (Carousel) (defendant), alleging that Carousel was selling counterfeit Louis Vuitton products. The parties negotiated a consent decree preventing Carousel and all those acting in concert or participation with Carousel from selling counterfeit Louis Vuitton products. Solomon Mizrahi (defendant), Carousel’s owner, signed the consent decree on behalf of Carousel. Louis Vuitton later became aware that Solomon Mizrahi and his brothers, Maurice and Joseph Mizrahi (defendants) (collectively the Mizrahi brothers), continued to sell Louis Vuitton counterfeit goods at Mirage, a store they jointly owned. No evidence on Mirage’s relationship with Carousel was in the record, nor was there any evidence of Maurice and Joseph’s relationship with Carousel. Louis Vuitton moved for a contempt order against Solomon, Maurice, and Joseph for violating the consent decree. The trial court held that because personal service of the consent decree was not made on any of the three Mizrahi brothers, the injunction did not apply to them. The trial court then modified the injunction to include Mirage and the Mizrahi brothers. Louis Vuitton appealed the trial court’s denial of contempt.
Rule of Law
Issue
Holding and Reasoning (Kaufman, C.J.)
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