Well, it now appears that another lawsuit filed against Affliction on October 26, 2009 by Chrome Hearts, LLC will now be dismissed as the parties have reached a settlement in principle.
According to the complaint, Chrome Hearts has been "designing, manufacturing, and selling artistically styled leather goods, apparel, jewelry, and accessories since 1999." It appears successfully too because, as set forth in the complaint, Chrome Hearts asserted that "[s]ince 1991, Chrome Hearts ' products have generated sales at retail of over Three Hundred Fifty Million Dollars ($350,000,000)."
As set forth in the Complaint:
Chrome Hearts pioneered the idea of combining the look of rugged motorcycle looking apparel with fashion attire to make fashion apparel and accessories. All of Chrome Hearts' leather products are adorned with sterling silver hardware, including all of the buttons and ornamental pieces. Chrome Hearts further pioneered the look of suede inlay designs in connection with leather clothing. Once thought of as only a look for outlaw motorcyclists, Chrome Hearts has created a fashion niche that is now coveted in the upper most fashion circles. Entertainers, such as Cher, Billy Idol, Aerosmith, Lenny Kravitz, Guns N' Roses, Seal, Madonna, Keith Richards, Danny Glover, Sting, Gloria Estefan, Christy Turlington, Naomi Campbell and Sharon Stone can all be seen in Chrome Hearts' fashions.Chrome Hearts asserted that it "is the owner of the word/mark 'Chrome Hearts' and various composite trademarks comprising the Chrome Hearts mark and assorted design components."
Chrome Hearts alleged that in or around March 2009, it "discovered that Affliction had been distributing and selling headwear bearing marks confusingly similar to the [Chrome Hearts'] CH Plus Mark" and that, "[i]n or around April 2009, prior to the filing of a lawsuit, Chrome Hearts and Affliction entered into a settlement agreement in which Affliction agreed to cease and desist from use of the CH Plus Mark."
According to Chrome Hearts' allegations, despite the settlement agreement, "[i]n or around October 2009, Chrome Hearts discovered that Affliction had continued to produce, distribute, advertise, offer for sale, and/or sell merchandise bearing marks which are substantially the same and/or confusingly similar to the CH Plus Mark []."
Thus, Chrome Hearts asserted claims against Affliction for: (1) trademark infringement under the Lanham Act; (2) "False Designations of Origin and False Descriptions - 15 U.S.C. § 1125(a)"; (3) "Trade Dress Infringement -15 U.S.C. § 1125(a)"; (4) "Trademark Dilution - IS U.S.C. § 1125(c)"; (5) "Violation of Cal. Bus & Prof. Code § 14247"; (6) "Copyright Infringement -17 U.S.C. § 501"; (7) unfair competition; and (8) breach of contract.
Chrome Hearts had filed a motion for partial summary judgment that was fully briefed and set for oral argument on August 13, 2010. However, on August 9, 2010, Chrome Hearts filed a Notice of Settlement indicating that the parties had reached a settlement in principle, that they would finalize the settlement and file a stipulation of dismissal with prejudice within 30 days.
Thus, it looks like Affliction has now cleared two litigations from its list.
That said, the litigation with Fedor and M-1 still appears to be going strong.
Fight Lawyer
