New Jersey Lawyer & Attorney : Stark & Stark Law Firm : New Jersey Law Blog

Mon Cheri Bridals, Inc. v. Wen Wu et al, Civil Action No. 04-1739 (AET)

Mon Cheri Bridals, a large wholesale manufacturer of wedding dresses and social occasion dresses, brought suit in U.S. District Court in Trenton, New Jersey against a competitor, Wen Wu and various companies he owned and controlled, alleging that Mr. Wu and his companies infringed on Mon Cheri’s copyrights in its dress designs, and breached a 1999 contract between the companies.

The initial dispute arose in August of 1998 between Mon Cheri and Wu concerning dress designs. Mon Cheri discovered that Wu was marketing his dresses using photographs of more expensive versions that Mon Cheri manufactured and sold.

Wu signed an affidavit swearing that he, and the other companies he owned and controlled, would not infringe upon Mon Cheri’s rights in the future. Mon Cheri later learned that Wu continued to sell dresses that infringed upon Mon Cheri’s copyright and trade dress rights.

 
The case went to trial before the Hon. Anne E. Thompson, U.S.D.J.  After two weeks of trial, on April 4th the jury returned a verdict in favor of Mon Cheri Bridals on its claims for copyright infringement, unfair competition and breach of contract.  The jury awarded Mon Cheri compensatory damages of $324,000 and punitive damages of $375,000, for a total verdict of $699,000. 

Mon Cheri Bridals, Inc. was represented by Craig S. Hilliard, Esq. and Martin P. Schrama, Esq., Shareholders of Stark & Stark’s Litigation Group.

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Adam J. Siegelheim, member of Stark & Stark's Franchise Group, was quoted in the article On Franchising in the May 6, 2008 edition of the Wall Street Journal. The article addresses some of the most common issues facing new franchisors and some new concerns franchisors need to be aware of before starting a franchise of their own. Mr. Siegelheim comments on some of the factors that franchisors need to take into consideration when starting a new franchise, and some tips to ensure the longevity of your franchise concept.

You can read the full article on the Wall Street Journal Online (registration required).

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David J. Byrne, Shareholder and member of Stark & Stark's Community Associations group presented a seminar at the 21st Annual Cooperator's Co-Op & Condo Expo which was held April April 28 - 29, 2008 in New York. New York.

The seminar focused on avoiding litigation and stopping lawsuits before they start. Mr. Byrne discussed strategies for avoiding litigation related to everything from unpaid fees to disputes between neighbors, and discussed and analyzed laws and regulations governing administrative documents.

You can view a copy of the seminar materials here. A full recording of the seminar will be available online next week.

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Martin P. Schrama and Melissa D. Doogan authored the article Recent Revisions to the Trademark Trial and Appeal Board Rules for the New Jersey Law Journal's April 14, 2008 Intellectual Property & Life Sciences Supplement.

The article discusses the impacts the substantial rule changes set forth by the Trademark Trial and Appeal Board and the United States Patent and Trademark Office will have on trademark opposition and cancellation actions.

You can read the full article here.

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David J. Byrne, Shareholder in Stark & Stark's Community Associations group will present at the 2009 Cooperator Co-Op & Condo in New York, New York. The expo will take place Tuesday April 29th from 9AM - 5PM.

Mr. Byrne will present  on avoiding litigation.  During the seminar Mr. Byrne and an experienced property manager will discuss strategies, ideas and ways for cooperatives, condominiums and homeowners associations to avoid litigation.  The speakers will discuss ways unpaid maintenance fees and assessments can be collected, ways regular payments can be assured, without necessarily resorting to counsel. 

They will discuss alternative dispute resolution and conflicts among shareholders, owners, neighbors, boards and others.  Strategies, both practical and legal, to deal with difficult and objectionable shareholder and/or owner conduct will be provided.  Laws and regulations applicable to document retention, and the inspection of records by shareholders and owners, will be reviewed and analyzed."

You can find additional information and ways to register here.

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Rachel Lilienthal Stark, Shareholder in Stark & Stark's Franchise group, and Adam J. Siegelheim, member of Stark & Stark's Franchise group, have been named Legal Eagles in the franchise industry by Franchise Times Magazine.

Legal Eagles are chosen annually from hundreds of nominations across the country. Legal Eagles are recognized for their strong reputations among their peers, an active involvement in the franchise community through organizations such as the International Franchise Association and the American Association of Franchisors, and their experience and expertise in the franchise industry.

Rachel Lilienthal Stark concentrates her practice in the representation of start-up and emerging franchisors on a variety of issues including compliance with all federal and state regulations, disclosure documents, acquisitions and financing.

Adam J. Siegelheim focuses his practice in the representation of franchisors in various matters, including the preparation of disclosure documents, state registrations, and compliance with applicable federal and state regulations. Mr. Siegelheim is a member of the International Franchise Association, the American Bar Association Forum on Franchising and the New Jersey Bar Association's Franchise Law Committee.

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Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for the article Bear Stearns Collapse is Opportunity For One Caribbean Stock Exchange for Caribbean World News.com. The article discusses the March 16th collapse of Bear Stearns and the opportunities this could present to the One Caribbean Stock Exchange.

Mr. Singer comments on the opportunity for the Caribbean markets to consolidate in the wake of the Bear Stearns collapse, and discusses the negative impacts the long delays in consolidating could mean for the Caribbean in relation to global markets.

You can read the full story online here, or download a PDF of the article here.

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Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, and Michael J. Brittan, member of Stark & Stark's Employment Litigation group, have authored the article, Court Limits Damages in Restrictive Covenant Cases, for the March 17, 2008 edition of the New Jersey Law Journal.

The article discusses a decision in the New Jersey Supreme Court Case of Totaro, Duffy, Cannova and Company, L.L.C. v. Lane, Middletown & Company, which established new factors in assessing breaches of nonsolitication agreements.

You can read the full article here.

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Timothy P. Duggan, Shareholder and Chair of Stark & Stark's Bankruptcy & Creditor's Rights Group will present at this year's 10th Annual William H. Gindin Bankruptcy Bench Bar Conference and will discuss the sale of assets in bankruptcy cases.

The conference will take place Friday May 2, 2008 at the Bunswick Hilton, in New Brunswick, New Jersey. Additional information, registration forms and CLE credit information can be found here.

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Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for Bloomberg TV addressing the recent charges against New York Governor Eliot Spitzer. Mr. Singer comments on the allegations of Mr. Spitzer's involvement with Emperors Club prostitutes, and what these charges could mean for Wall Street, and the state of New York.

You can view the full interview with Mr. Singer here.

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