MIAMI, Fla., October 12, 2017 – Waldman Barnett, led by co-managing partner Glen Waldman and partner Michael Sayre, scored two critical victories in concluding a lawsuit brought against their client, Invicta Watch Company of America, by Casa Dimitri Corporation of Miami.
On the eve of trial, Judge Michael K. Moore of the District Court for the Southern District of Florida granted summary judgment in favor of TM Brands, LLC, part of Invicta, on its claims of trademark infringement against Casa Dimitri for its continued use of the TechnoMarine trademark, despite an August 2016 ruling in the same case that it had no rights to use the TechnoMarine logo. This latest ruling wiped out all of the remaining claims against Invicta.
Casa Dimitri, a former licensee of TechnoMarine, had argued that it had retained its rights to use, on the eyewear it had developed, the same TechnoMarine logo that was being used on luxury watches. But, as the judge ruled in that case, when Invicta purchased TechnoMarine’s assets during Swiss bankruptcy proceedings, the watch company also acquired the trademark, leaving Casa Dimitri without any rights to the trademark.
On the heels of this ruling, the case was called to trial and Waldman Barnett’s team, with assistance from partner Jason Gordon and associate Benjamin Keime, secured a seven-figure judgment on its counterclaims against Casa Dimitri on behalf of Invicta for trademark infringement, arguing that Casa Dimitri could not produce eyewear with the TechnoMarine logo and that its efforts to continue to sell and market Invicta’s brand caused significant damage.
This latest ruling ends the contentious battle that could have resulted in a more than $25 million loss for Invicta had Dimitri been successful with its multiple claims. Instead, Invicta secured a judgment and has now executed on counterfeit goods and other assets of Casa Dimitri that rightfully belong to its TechnoMarine brand.
“We’re happy the court saw that our client’s brand was being threatened by Casa Dimitri’s unauthorized use of its logo,” said Glen Waldman. “As a luxury brand, Invicta stands for quality and its image, including its logo, should remain exclusive. Securing a judgment that validated Invicta’s rights was the icing on the cake and should be a warning to others who have similar designs not to compromise such rights.”