Iconix wins infringement case

13/04/2007
 
US-based owner, licensor and marketer of a range of brands Iconix Brand Group, Inc. has received a favourable verdict in its litigation case against Sweet Sportswear, Hubert Guez and other parties.

The jury found in the company’s favour on all of the claims it pursued, and against the defendants on every counterclaim asserted. The jury also found that all of the defendants acted with "malice, fraud or oppression" with regard to the company's claims, and intentionally infringed its Bongo trademarks. It was awarded approximately $45 million in damages.

Based upon the multiple findings of malice and wilfulness, a punitive damages phase of the trial will begin shortly. There will also be a subsequent proceeding in which the court will determine whether treble damages should be awarded for the trademark infringement claims. Many of these claims are subject to contractual and statutory fee-shifting provisions, entitling the company to recover its  fees and costs.