Documentos de Académico
Documentos de Profesional
Documentos de Cultura
FEB 04 2015
JS 44C/SDNY
REV. 4/2014
<*
Mfcjr
:~~J'
DEFENDANTS
Top Fashion Inc. d/b/a Top Handbag and Cai Yan Chen
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE"
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Trademark infringement under 15 U.S.C. 1051 et seq. and copyright infringement under 17 U.S.C 101, et seq.
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NoSresQudge Previously Assigned
If yes, was this case Vol. Invol.
Dismissed. No
No 0
Yes
Yes
NATURE OF SUIT
TORTS
PERSONAL INJURY
CONTRACT
[
I
[
[
1110
] 120
1130
]1"0
[ ]150
INSURANCE
MARINE
[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
[ J 330 FEDERAL
EMPLOYERS'
MEDICARE ACT
[ J 340 MARINE
[ ) 345 MARINE PRODUCT
RECOVERY OF
LIABILITY
OF JUDGMENT
[ ] 151
[ 1152
DEFAULTED
STUDENT LOANS
RECOVERY OF
INJURY
OF VETERAN'S
BENEFITS
STOCKHOLDERS
[ 1190
SUITS
OTHER
1 1195
CONTRACT
CONTRACT
PRODUCT
MED MALPRACTICE
[ J365 PERSONALINJURY
PRODUCT LIABILITY
21 USC 881
, , 6g0 OTHER
LAND
CONDEMNATION
[ )220
[ 1230
ACCOMMODATIONS
FORECLOSURE
RENT LEASE &
EJECTMENT
[ ]240
[ ]245
TORTS TO LAND
TORT PRODUCT
( ]290
LIABILITY
ALL OTHER
REAL PROPERTY
DISABILITIES EMPLOYMENT
28 USC 157
1 ) 830 PATENT
fc) 840 TRADEMARK
SOCIAL SECURITY
REAPPORTIONMENT
[
[
[
[
[
] 410 ANTITRUST
J430 BANKS & BANKING
] 450 COMMERCE
1460 DEPORTATION
1470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
LABOR
PROPERTY DAMAGE
VACATE SENTENCE
28 USC 2255
] 861
] 862
J 863
1864
1865
HIA(1395ff)
BLACK LUNG (923)
DIWC/DIWW (405(g))
SSID TITLE XVI
RSI (405(g))
EXCHANGE
[ ) 462 NATURALIZATION
[ ] 550 CIVIL RIGHTS
( 1555 PRISON CONDITION
(
(
(
[
[
RELATIONS
(Non-Prisoner)
[ 1210
[ J423 WITHDRAWAL
PROPERTY RIGHTS
REAL PROPERTY
[ ] 441 VOTING
[ 1442 EMPLOYMENT
[ 1443 HOUSING/
[ ] 820 COPYRIGHTS
PERSONAL PROPERTY
[ J400 STATE
28 USC 158
INJURY PRODUCT
LIABILITY
[ ) 720 LABOR/MGMT
CIVIL RIGHTS
OTHER STATUTES
[ ] 422 APPEAL
PRODUCT LIABILITY
BANKRUPTCY
SE|ZURe 0F PROPERTY
PRISONER PETITIONS
LIABILITY
[ ] 196 FRANCHISE
INJURY/PRODUCT LIABILITY
OVERPAYMENT
[ ]160
FORFEITURE/PENALTY
PRODUCT LIABILITY
(EXCL VETERANS)
[ 1153
PERSONAL INJURY
[ 1367 HEALTHCARE/
PHARMACEUTICAL PERSONAL , , 625 DRUG RELATED
LIABILITY
ENFORCEMENT
APPLICATION
[ ] 893 ENVIRONMENTAL
Defendant)
MATTERS
[ ] 895 FREEDOM OF
INFORMATION ACT
26 USC 7609
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ 1950 CONSTITUTIONALITY OF
STATE STATUTES
ACTIONS
CONDITIONS OF CONFINEMENT
DISABILITIES -OTHER
[ ] 448 EDUCATION
p_0 YOU CLAIM THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.?
UNDER F.R.C.P. 23
IF SO, STATE:
DOCKET NUMBER
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
H 1 Original
ORIGIN
LH 2 Removed from
Proceeding
II 3 Remanded D 4 Reinstated or
StateCourt
from
Reopened
(Specify District)
7 Appeal to District
Litigation
Judge from
ADDellate
Magistrate Judge
Court
Judgment
I I b. At leastone
party is pro se.
(PLACEANxINONEBOXONLY)
1 U.S. PLAINTIFF
BASIS OF JURISDICTION
IFDIVERSITY, INDICATE
Q4 DIVERSITY
CITIZENSHIP BELOW.
DEF
[ ]1
[ ]1
CITIZEN OR SUBJECT OF A
PTF DEF
[ ]2
[ ]2
[ ]3 [ ]3
FOREIGN COUNTRY
PTF
DEF
( )5
[ ]5
[ ]6
[ ]6
[ ]4 [ ]4
FOREIGN NATION
Tory Burch LLC, 11 West 19th Street, 7th Floor, New York, NY 10011, New York County;
River Light V, L.P., 11 West 19th Street, 7th Floor, New York, NY 10011, New York County.
Top Fashion Inc. d/b/a Top Handbag, 145 West 30th Street, Unit B, New York, NY 10001, New York
County; Cai Yan Chen, 251-23 57 Avenue, Little Neck, New York 11362, Queens County.
Check one:
WHITE PLAINS
[x] MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
, COMPLAINT.)
DATE AiljUC}
RECEIPT #
)f J
/ i^/A
<-
\ I
\^CX\
v^--/
>\ J
\
)
"S
Magistrate Judge is to be designated by the Clerk of the Court. MAG. JUDGE C0TT
Magistrate Judge
Ruby J. Krajick, Clerk of Court by
is so Designated.
Deputy Clerk, DATED
Yr. 2007
15 CV 00821
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Plaintiffs,
C.A. No.
JURY TRIAL DEMANDED
COMPLAINT
Plaintiffs River Light V, L.P. and Tory Burch LLC ("TB LLC") (together, "Tory Burch")
file this Complaint for trademark infringement, trademark counterfeiting, trademark dilution, and
trademark cancellation, as well as copyright infringement, unfair competition, and other related
claims against defendants Top Fashion Inc. d/b/a Top Handbag ("Top Fashion") and Cai Yan Chen
(together, "Defendants"), and in support thereof allege as follows.
NATURE OF THE ACTION
1.
This case concerns Defendants' sale of a line of infringing and counterfeit Tory Burch
products and blatant copying and unlawful use of Tory Burch's intellectual property, including a
confusingly similar and/or substantially indistinguishable version of Tory Burch's iconic "TT
Logo" trademark depicted below, which dilutes Tory Burch's registered and common law rights
in several respects.
UH
2.
For over a decade, Tory Burch, together with its authorized licensees, has used the
distinctive and famous TT Logo as its core branding element in connection with the sale of its
distinctive style of handbags, clothing, footwear, jewelry, and a variety of other products through
TORY BURCH retail boutiques, select high-end specialty stores and department stores, and online
at toryburch.com. Tory Burch owns many federal trademark registrations (some of which are
incontestable) for the TT Logo, and similar variations thereof, in connection with such products.
In addition, Tory Burch owns a federal copyright registration for the TT Logo.
3.
Tory Burch also uses and owns copyright registrations for the below-depicted "4T
J Li
4T Design
4.
Tory Burch has invested significant time, energy, and hundreds of millions of dollars
in the advertising, promotion, and offering of its goods and services under the TT Logo, 4T Design,
Lux T Jacquard Design, and other variations thereof (collectively, Tory Burch's TT Logo and its
variations are referred to herein as the "Tory Burch Trademarks," and the copyrighted designs of
the TT Logo, the 4T Design, and the Lux T Jacquard Design are referred to herein as the "Tory
Burch Copyrighted Designs").
5.
The TT Logo and/or other of the Tory Burch Trademarks and Copyrighted Designs
appear on virtually all of Tory Burch's products. The Tory Burch Trademarks and Tory Burch
Copyrighted Designs are closely and uniquely associated with the TORY BURCH brand and have
come to symbolize the high quality that consumers expect from Tory Burch as the source of such
products. Accordingly, Tory Burch enjoys strong consumer loyalty, recognition, and goodwill in
the Tory Burch Trademarks and Copyrighted Designs.
6.
7.
Reflecting its popularity and iconic status, the TT Logo and other Tory Burch
Trademarks are often infringed and counterfeited, and Tory Burch enforces its rights through legal
actions. Tory Burch has spent significant resources protecting its trademarks and copyrighted
designs from infringers unlawfully and unfairly attempting to capitalize on Tory Burch's goodwill.
8.
Defendants are one such group, trading unfairly off of Tory Burch's goodwill and
pirating Tory Burch's intellectual property. In spite of Tory Burch's clear and longstanding rights
in the Tory Burch Trademarks in connection with handbags, footwear, clothing, jewelry, and other
products, Defendants have adopted confusingly similar designsthe "Infringing TT Logo" and
the "Infringing T Design" depicted belowand use them in connection with the unauthorized
manufacture, production, distribution, advertisement, offering for sale, and/or sale of counterfeit
products, including handbags, footwear, clothing, and jewelry (the "Infringing Products").
tkti PR mmmt H
tmrnt
4H4tHl
^ a> _ ju pp
4$$!
I
Infringing TTLogo
(as compared to the TTLogo and 4T Design)
mm til mm tit mm
Infringing T Design
(as compared to the Lux T Jacquard Design)
9.
As shown below, Defendants position the Infringing TT Logo and Infringing T Design
on their Infringing Productsproducts which themselves mimic the distinctive style of the Tory
Burch productsin the same size and manner as Tory Burch positions the Tory Burch Trademarks
and Copyrighted Designs on its products, including with the Infringing TT Logo in the same gold
tone used by Tory Burch, thereby conveying to consumers a product that has the same overall
commercial impression as Tory Burch products. To further the deliberate deception, Defendants
also use merchandise hangtags that feature an orange hue suspiciously similar to the distinctive
orange hue that is used by, and has come to be associated with, Tory Burch. Thus, the overall
manner in which Defendants design, market, and sell their Infringing Products replicates the Tory
Burch merchandising aesthetic and makes clear that Defendants' adoption and use ofthe Infringing
TT Logo and Infringing T Design is not merely a coincidence.
10.
Defendants are not connected or affiliated with Tory Burch, nor do they have
permission from Tory Burch to use any ofthe Tory Burch Trademarks or Tory Burch Copyrighted
Designs or any other intellectual property belonging to Tory Burch. Rather, Defendants are
blatantly exploiting the Tory Burch Trademarks and Copyrighted Designs for Defendants' own
commercial gain, intending to confuse and deceive the public by drawing on Tory Burch's
goodwill in the marketplace. By using the Infringing TT Logo and Infringing T Design to sell the
Infringing Products that deliberately copy the style of the Tory Burch products, Defendants intend
to, and are likely to, cause confusion and deceive consumers and the public regarding the source
of Defendants' products, and to dilute the value of Tory Burch's intellectual property, all to the
detriment of Tory Burch.
11.
infringement of the Tory Burch Copyrighted Designs, has and will continue to irreparably harm
Tory Burch and the substantial goodwill it has developed in its brand. It also has and will continue
to cause monetary harm in an amount to be determined at trial.
PARTIES
12.
business at 11 West 19th Street, 7th Floor, New York, New York 10011.
13.
having its principal placeof business at 11 West 19th Street, 7th Floor, New York, New York 10011.
River Light V, L.P. is the record owner of the intellectual property, including the Tory Burch
Trademarks and Tory Burch Copyrighted Designs at issue in the instant action, and licenses such
intellectual property exclusively to its affiliate TB LLC in the United States for use and sub
licensing in connection with TB LLC's business.
14.
Upon information and belief, defendant Top Fashion is a domestic entity located at 145
West 30th Street, Unit B, New York, New York 10001 and at 143 W 30th New York, New York
10001. Top Fashion may be served through its owner, operator, and co-managing agent, Cai Yan
Chen at 143 W 30th New York, New York 10001, or at 145 West 30th Street, Unit B, New York,
New York 10001 or at 251-23 57 Avenue, Little Neck, New York 11362, or through Top Fashion's
CEO and co-managing agent, Xing Hua Lin, at 143 W 30th New York, New York 10001, or at
145 West 30th Street, Unit B, New York, New York 10001.
15.
Upon information and belief, defendant Cai Yan Chen is an individual residing in New
York at 251-23 57 Avenue, Little Neck, New York 11362. Upon information and belief, Cai Yen
Chen is the owner, operator, and co-managing agent of defendant Top Fashion. Cai Yan Chen
may be served at 251-23 57 Avenue, Little Neck, New York 11362, or at 143 W 30th New York,
New York 10001, or at 145 West 30th Street, Unit B, New York, New York 10001.
16.
Tory Burch files this action against Defendants for trademark infringement,
counterfeiting, dilution, and cancellation under the Lanham Trademark Act of 1946, 15 U.S.C.
1051 et seq. (the "Lanham Act"), as well as for copyright infringement under 17 U.S.C. 101,
et seq., unfair competition and for related claims under the statutory and common law of the State
ofNew York. This Court has subject matter jurisdiction over the federal trademark infringement,
dilution, and cancellation claims, as well as the federal copyright infringement claims, under 28
U.S.C. 1331, 1338(a).
17.
This Court has supplemental jurisdiction over the state law claims in this action, which
arise under state statutory and common law pursuant to 28 U.S.C. 1367(a), since the state law
claims are so related to the federal claims that they form part of the same case or controversy and
derive from a common nucleus of operative facts.
18.
This Court has personal jurisdiction over Defendants because they are incorporated in,
regularly solicit and conduct business in, reside in, and/or are domiciled in this judicial district.
19.
Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c) because this is
the judicial district where (i) a substantial part of the events or omissions giving rise to the claims
occurred; and (ii) where Defendants are subject to personal jurisdiction.
FACTS
20.
neighborhood. In ten years, it has grown into a billion dollar fashion powerhouse with more than
2,000 employees and more than 100 Tory Burch stores worldwide. In addition, Tory Burch
operates a multi-channel business platform in more than fifty countries across four continents, and
the fashion line is carried at over 1,000 department and specialty stores worldwide, including such
well-known retailers as Saks Fifth Avenue, Bergdorf Goodman, Neiman Marcus, Nordstrom, and
Bloomingdale's.
21.
Bright and bold colors, including orange in particular, are an integral part ofthe overall
recognizable by their oversized orange lacquered doors. And Tory Burch's packaging, tags, and
other point-of-sale materials incorporate bright and bold colors and designs, including the color
orange and the 4T Design.
The TT Logo
22.
Tory Burch's distinctive TT Logo is the heart of the TORY BURCH brand. It is used
in connection with handbags, including totes, cross-body bags, clutches, shoulder bags, evening
bags, and coordinating wallets and wristlets, as well as a variety of other products, including
clothing, footwear, jewelry, and housewares. The Tory Burch products represent a distinctive style
aesthetic that has been described as "preppy-bohemian." Exh. 1. The following are examples of
the TT Logo depicted on Tory Burch handbags, footwear, jewelry, and accessories.
f "^
'i
'v"*
23.
Tory Burch filed its first federal trademark application to register the TT Logo on
September 23, 2003, and began using the TT Logo in connection with handbags, clothing, and
footwear, among other items, in February of 2004. Tory Burch owns common law rights in and
incontestable federal trademark registrations for the TT Logo in connection with such goods and
related services (see trademark registration summary chart below).
copyright registration for the TT Logo (U.S. Reg. No. VA 1-768-387), with a year of creation of
2003 and a date of first publication of February 1, 2004). Exh. 2.
24.
Tory Burch also owns numerous other trademark registrations for the TT Logo and
variations thereof (collectively, the "Tory Burch Registered Trademarks") in connection with a
variety of goods and services, including handbags, clothing, footwear, and jewelry. The following
chart contains the details of many of the registrations for the Tory Burch Registered Trademarks.
\ Mark
Status
Goods/Services
04: Candles
tSm\
Kg)
Registration
Reg. No. 3029795
First Use 2/1/04
14: Jewelry
18: Accessories, namely, handbags, umbrellas and
cosmetic bags sold empty
24: Housewares, namely, towels
25: Clothing, namely, shirts, tops, sweaters, pants,
skirts, shorts, dresses, bathing suits, bikinis, sarongs,
shoes, socks, belts, robes and headwear; outerwear,
namely, scarves, jackets, vests, and coats
Mark
Status
Registration
Reg. No. 3024142
First Use 2/8/04
Goods/Services
10
Mark
Registration
Reg. No. 4213405
Kg)
-It*
"3P
Goods/Services
Status
"3E"
n3G.
"31?
Registration
Reg. No. 4242007
First Use 11/30/09
09: Eyewear
hXh
T
hXh
Registration
Reg. No. 4382707
First Use 1/31/11
hXi.
"X"
-JC,
"X"
The above-identified registrations are valid, subsisting, and in full force and effect. Exh. 3.
The 4T and Lux T Jacquard Designs
25.
Since 2004, Tory Burch also has used the following 4T Design, which conforms to the
Tory Burch design style aesthetic, in connection with a variety of goods and services, including
handbags, clothing, and footwear.
11
26.
27.
Tory Burch owns copyright registrations for the 4T Design (Reg. Nos. VA 1-812-667,
with a year of completion of 2003 and a date of first publication of February 27, 2004, and VA 1655-281, with a year of completion of 2003 and a date of publication of February 29, 2004). Exh.
4.
28.
Since at least as early as 2008, Tory Burch has also used the following Lux T Jacquard
Design in connection with handbags, clothing, and footwear, and has obtained a copyright
registration for that design (Reg. No. VA 1-655-228, with a year of completion of 2006 and a date
of first publication of November 30, 2007). Exh. 5. Among other uses, Tory Burch has also
12
featured the Lux T Jacquard Design as a repeating pattern on the exterior and/or interior of its
handbags.
Brand Significance
29.
Over the past decade, the Tory Burch Trademarks, the Tory Burch Copyrighted
Designs, and the TORY BURCH brand have seen a meteoric rise in recognition and popularity.
See River Light V, L.P. v. Lin&JInt'l, Mr., No. 13-Civ-3669,2014 WL 6850966, at *1 (S.D.N.Y.
Dec. 4, 2014) (granting Tory Burch's motion for summary judgment as to defendant's liability for
trademark infringement and noting that TORY BURCH is a "well-known fashion brand"). In
2013 alone, Tory Burch earned sales revenues in excess of $900 million. Moreover, Tory Burch
has invested hundreds of millions of dollars in marketing and advertising its goods, marks, and
designs.
30.
The TORY BURCH brand has a strong media presence, and is frequently covered by
fashion blogs, magazines, newspapers, and talk shows. One of the earliest defining moments for
Tory Burch was in 2005 when Oprah Winfrey endorsed the brand on her talk show; immediately
after Oprah's endorsement, the Tory Burch website received over eight million hits. Exh. 6. The
popular television series Gossip Girl frequently features Tory Burch products (and Ms. Tory Burch
herself made a cameo appearance in an episode in 2009). Exh. 7.
31.
Social media platforms are constantly active with buzz about the TORY BURCH
brand, with fans posting photos ofrecent purchases, commenting on current and future collections,
and "pinning" photos of desired products on Pinterest. The TORY BURCH brand has over
13
1,300,000 likes on Facebook and Ms. Tory Burch has over 670,000 followers on Instagram and
over 341,000 followers on Twitter. Exh. 8.
32.
TORY BURCH brand products are particularly popular among the fashion conscious
and celebrity trend-setters. Celebrities frequently seen wearing TORY BURCH products include
Blake Lively, Oprah Winfrey, Jennifer Lopez, Rashida Jones, Jessica Alba, Hilary Swank, Sarah
Jessica Parker, Reese Witherspoon, Pippa Middleton, and Anne Hathaway. Exh. 9. Recently,
Kate Middleton was photographed wearing a graphic print TORY BURCH dress during a "play
date" with Prince George in New Zealand, and the dress sold out almost immediately on Tory
Burch's website and every other online retailer, including Nordstrom.com, Bloomingdales.com,
and Net-a-Porter. Exh. 10. On another occasion, Michelle Obama wore an aqua blue tie-dye
TORY BURCH dress to an event in Watertown, Wisconsin; within days, the dress sold out on the
Tory Burch website and other online retailers such as Shopbop. Exh. 11.
33.
Not surprisingly, Tory Burch has received many awards and accolades, including
(i) the 2008 Accessories Designer of the Year award from the Council of Fashion Designers of
America; (ii) the 2007 Accessory Brand Launch of the Year award from the Accessories Council
of Excellence; and (iii) the 2005 Rising Star Award for Best New Retail Concept from Fashion
Group International. Exh. 12.
34.
The TT Logo in particular is frequently the subject of unsolicited media coverage and
has been repeatedly recognized for its popularity and iconic status:
"now instantly recognizable double T logo" (Rubenstein, Hal, "The Tory Effect,"
Delta Sky, May 2014);
"It's the double T medallion that has women screaming..." (NBC Today Show,
September 26, 2013);
"distinctive double-T logo" (Forbes, Moira, "Tory Burch's Seven Lessons for
Entrepreneurs," Forbes, May 22, 2013);
14
generations prior" (Gaffney, Adrienne, "Tory Burch," The Wall Street Journal,
October 26, 2012);
"the iconic Tory Burch logo" ("Madder Men," Forbes, May 7, 2012);
"bold prints and the double-T logo medallion are hallmarks of the affordable
luxury Tory Burch brand" (Amato-McCoy, Deena M., "Tory Burch," Apparel,
May 1,2012);
"[The Tory Burch] line, with its distinctive double T logo, is now in hundreds of
department stores" (CBS News Sunday Morning, January 29, 2012);
"But the foundation of Burch's brand is her logo, two graphically styled T's.
The logo has shaped Burch's concept from the beginning and is one of the most
the "signature double-T medallion" (Sapienza, Terri, "Clothes to Home with Tory
Burch," The Denver Post, October 24, 2011);
"The famous double T LOGO ... is Tory Burch's most famous . . ." (Urban
Dictionary, "Tory Burch").
Exh. 13.
35.
As a result of Tory Burch's extensive use and promotion of its brand for over a decade,
the Tory Burch Trademarks and Copyrighted Designs, including the famous TT Logo, have
acquired considerable value and recognition; are symbols of Tory Burch's quality, reputation, and
goodwill; and serve as instant source-identifiers for Tory Burch's products and services. See Lin
& J, 2014 WL 6850966, at *1 (noting Tory Burch's continuous use and extensive promotion of
the TT Logo as a source identifier for many of its products since 2004).
Quality Control and Brand Protection
36.
authorized retailers, including high-end department stores, select quality boutiques, more than 100
TORY BURCH retail boutiques, and Tory Burch's website. See Lin & J, 2014 WL 6850966, at
15
*2 (noting that sales of TORY BURCH brand products are limited to a network of authorized
retailers).
37.
Tory Burchmaintains strict quality control standards for all of its products. SeeLin &
J, 2014 WL 6850966, at *2 (notingTory Burch's strict quality control standards). Such control is
necessary, as the TORYBURCH brand, similar to otherhigh-end brands with recognizable logos,
is the subject of counterfeiting and trademark infringement. Since its inception, Tory Burch has
spent significant resources to protect its rights in the Tory Burch Trademarks and Tory Burch
Copyrighted Designs, including but not limited to legal actions and seizures of counterfeit goods.
Defendants and Their Infringing Conduct
38.
outlet located in midtown Manhattan. Defendant Cai Yan Chen licenses the Infringing TT Logo
and Infringing T Design to Defendant Top Fashion for use in connection with its infringing
products.
39.
Defendant Cai Yan Chen has a history of capitalizing on the renown of famous brands.
For example, Cai Yan Chen applied to federally register a check design trademark highly similar
to Burberry's famous checkdesign(Ser. No. 85/374,777). Exh. 14. After Burberry filed a Notice
of Opposition against Cai Yan Chen's application through the TTAB (No. 91204544), Cai Yan
Chen abandoned the application. Exh. 15. Defendant Cai Yan Chen also owns two trademark
registrations (Reg. Nos. 4,320,008 and 4,320,009) for design marks arguably confusingly similar
to Louis Vuitton's famous "quatrefoil" design. Exh. 16.
40.
In late 2012, Tory Burch learned that Top Fashion was selling handbags mimicking the
distinctive design and style of Tory Burch's handbags, and bearing the Infringing TT Logo and
Infringing T Design that are substantially indistinguishable from and confusingly similar to the
16
Tory Burch Trademarks and Tory Burch Copyrighted Designs, including the TT Logo, 4T Design,
and Lux T Jacquard Design (see product comparison chart below).
41.
Over the course of multiple visits to Top Fashion's store since that time, Tory Burch's
agents have observed and identified hundreds of handbags, wallets, makeup bags and belts
containing the Infringing TT Logo and/or Infringing T Design on display. Defendants sell as both
on a retail and wholesale basis. Upon information and belief, Defendants distribute the Infringing
Products wholesale to dozens of retailers throughout the country. The chart below demonstrates
Defendants' unlawful activity by comparing examples of genuine Tory Burch handbags to
Defendants' unauthorized reproductions of the Infringing TT Logo and Infringing T Designs on
infringing handbags.
*~mmmmm%WmmMmmmmmmmmWmmWI*t
17
18
2012-2013 Correspondence
42.
Tory Burch sent a cease-and-desist letter to Top Fashion on October 12, 2012,
(i) explaining Tory Burch's intellectual property rights in its TT Logo, 4T Design, and Lux T
Jacquard Design; (ii) identifying Defendants' infringing conduct (use of the Infringing TT Logo
and Infringing T Design in their sale of infringing products); and (iii) demanding, among other
things, that Defendants immediately and permanently cease and desist their unlawful conduct.
Exh. 17.
43.
On October 15,2012, Tory Burch receiveda response letter from Top Fashion,via Lin
Xing Hua (President of Top Fashion), refusing to comply with thedemands made in Tory Burch's
letter. Exh. 18. Top Fashion asserted that it was not unlawfully using Tory Burch's intellectual
property. Id. Top Fashion indicated further that the Infringing TT Logo was licensed to Top
Fashion by an individual named Cai Yan Chen, who owns a federal trademark registration for the
Infringing TT Logo. Id.
44.
Cai Yan Chen's federal trademark application for the Infringing TT Logo in connection
with "handbags, shoulderbags, backpacks, purses, tote bags, luggage,clutch purses, garmentbags
for travel, evening bags, and wallets" in Class 18 was filed on July 8, 2011 and claimed a first use
date of June 1, 2011; it matured to registration on February 21, 2012 (Reg. No. 4,102,185). Exh.
19.
45.
Cai Yan Chen also applied to register the Infringing T Design as a trademark in
connection with leather for use in the manufacture ofproducts including handbags, claiming a first
use date of June 1, 2011; however, the USPTO ultimately refused to register Cai Yan Chen's
application on the basis of a likelihood of confusion with Tory Burch's TT Logo. Exh. 20. Top
19
Handbag did not respond to the USPTO's refusal, and the application therefore became abandoned.
Id.
46.
On November 20,2012, Tory Burch responded to Top Fashion's letter, explaining that
Top Fashion's conduct is infringing and unlawful, regardless of whether Cai Yan Chen had
obtained a federal trademark registration. Exh. 21. Tory Burch reiterated its demands from its
October 12, 2012 letter, and noted further that Top Fashion's letter failed to address how its
The parties exchanged correspondence throughout the remainder of 2012 and into
2013, and based on that correspondence, Tory Burch believed that Top Fashion stopped selling
the Infringing Products. However, as explained in more detail below, Tory Burch recently learned
that Defendants continue to sell the Infringing Products in blatant disregard of Tory Burch's
intellectual property.
Top Fashion's Recent and Current Activities
48.
In the first half of 2014, third parties, including agents from U.S. Customs and Border
Protection, began sending Tory Burch inquiries regarding the legitimacy of Top Fashion's
products.
Tory Burch then conducted an investigation and discovered that, contrary to its prior
understanding, Top Fashion was in fact continuing to sell the Infringing Products.
49.
First, on June 17,2014, an investigator for Tory Burch entered defendant Top Fashion's
location at 143 West 30th Street, New York, New York 10001 and purchased a handbag bearing
the Infringing TT Logo for $30.00. The investigator paid cash and was given a business card that
read, among other things "TOP FASHION, INC. Handbag Wholesale."
50.
On August 28, 2014, an investigator for Tory Burch visited the same Top Fashion
location and observed several handbags bearing the Infringing TT Logo openly displayed for
20
purchase. The investigator purchased two handbags and two wallets for a total price of$90.00
and paid cash.
51.
On January 9,2015, Tory Burch's investigator visited Top Fashion and observed over
seven hundred (700) Infringing Products openly displayed and available for purchase, including
handbags, wallets, makeup bags, and belts bearing the Infringing TT Logo. The investigator
purchased eleven Infringing Products, including seven handbags, two wallets, one makeup bag,
and one beltall of which bear the Infringing TT Logo.
52.
Further, notwithstanding its knowledge of Tory Burch's clear prior rights, Defendants
have apparently expanded their product line to include clothing, shoes, jewelry, and other
accessories. Indeed, on July 18,2014, Cai Yan Chen filed twonew federal trademark applications
for theInfringing TTLogo in connection with "Dresses, skirts, tunics, sweaters, tops, shorts, pants,
jackets, denim, outwear, belts, hats, scarves, gloves, swimwear and shoes, namely, heels, flats,
wedges, slippers, loafers, sneakers, sandals, flip-flops, boots and espadrilles" in Class 25 (Ser. No.
86/341,327) and "jewelry and watches" in Class 14 (Ser. No. 86/341,253), with both applications
claiming a first use date of August 1, 2011. Exh. 22. The Trademark Office recently approved
the '253 application for publication. Id. The following photographs illustrate Defendants' use of
the Infringing TT Logo in several expanded categories of goods:
21
53.
Defendants'Infringing Belt
Because Cai Yan Chen's application for the Infringing TT Logo in connection with
handbags wrongly matured to registration, and its application for the Infringing TT Logo in
connection with jewelry and watches was wrongly approved for publication, in light of Tory
Burch's longstanding and incontestable rights for nearly identical trademarks for identical goods
and services, Tory Burch (i) filed a Petition to Cancel the registration with the Trademark Trial
and Appeal Board; (ii) filed aNotice ofOpposition against the application for jewelry and watches;
(iii) intends to file a Notice of Opposition against theapplication for clothing and footwear, if and
when it is approved for publication; and (iv) intends to file a Motion to Stay the Trademark Trial
and Appeal Boardproceedings during the pendency of this action.
22
54.
TORY BURCH brand and Tory Burch products that it is clear they are willfully executing a
calculated scheme to unlawfully trade off the goodwill of the famous TORY BURCH brand. In
addition to their adoption and use of the Infringing TT Logo and Infringing T Design, Defendants:
Position the Infringing TT Logo on their Infringing Products in the same size and manner
as Tory Burch positions the TT Logo on its products, and use the Infringing TT Logo in
the same gold tone Tory Burch is famous for:
Position the Infringing T Design on their Infringing Products in the same size and manner
as Tory Burch positions the Lux T Jacquard Design on its products:
Sell products that are substantially similar to Tory Burch's most popular products (e.g., the
popular "Reva flat" depicted below):
^^tf|P
Genuine Tory Burch Reva Flat
23
Use an orange hue on their merchandise hangtags that is suspiciously similar to the
distinctive orange hue used by Tory Burch:
Defendants' Use of Orange
55.
Defendants are not authorized and have never been authorized by Tory Burch to
produce, manufacture, distribute, advertise, offer for sale, and/or sell products bearing the TT
Logo, 4T Design, Lux T Jacquard Design, or any variation thereof.
56.
Upon information and belief, Defendants' Infringing Products are of a quality inferior
57.
Upon information and belief, Defendants are aware of the extraordinary fame and
strength ofthe TORY BURCH brand and the Tory Burch Trademarks and Copyrighted Designs,
including the iconic TT Logo, and the goodwill associated therewith. Upon information and belief,
Defendants had access to the Tory Burch Trademarks and Copyrighted Designs prior to
Defendants' creation and sale of the Infringing Products.
24
58.
Upon information and belief, Defendants are actively using, promoting, and otherwise
advertising, distributing, selling, and/or offering for sale substantial quantities of Infringing
Products with theknowledge that such goods will be mistaken for genuine Tory Burch products.
59.
Upon information and belief, at all relevant times, Defendant Cai Yan Chen, who has
been doing business in his individual capacity, and as the owner of the Infringing TT Logo and
Infringing TDesign, contributed directly tothese infringing acts by knowingly allowing Defendant
Top Fashion to display and offer the Infringing Products. Upon information and belief, Defendant
Cai Yan Chen personally participated in, directed, and/or had the ability and right to supervise,
direct, and control the infringing activities alleged in this Complaint. Defendant Cai Yan Chen
had an obligation and ability to control and stop these infringements, but failed to do so. Upon
information and belief, Defendant Cai Yan Chen has received, and continues to receive, direct
financial benefits from these acts of infringement. These acts and omissions to act by Defendant
Cai Yan Chen materially contributed to and proximately caused the infringement alleged herein.
60.
Upon information and belief, Defendants are conducting their counterfeiting and
infringing activities within thisjudicial district and elsewhere throughout New York.
61.
is likely to create a false impression anddeceive consumers, thepublic, andthetrade into believing
there is a connection or association between genuine Tory Burch products and Defendants'
Infringing Products.
25
62.
intentionally, or with reckless disregard or willful blindness to Tory Burch's rights for the purpose
of trading on the goodwill and reputation of Tory Burch. If Defendants' intentional counterfeiting
and infringing activities are not permanently enjoined by this Court, Tory Burch and the
consuming public will continue to be damaged.
63.
Tory Burch is suffering irreparable injury and has suffered substantial damage as a
65.
Tory Burch incorporates herein by reference the averments ofthe preceding paragraphs
66.
The Tory Burch Registered Trademarks are nationally recognized, including within
this judicial district, as being affixed to goods originating with Tory Burch.
67.
As described above, Tory Burch owns the distinctive Tory Burch Registered
Trademarks, including the TT Logo, all in connection with a variety of goods and services
including clothing, footwear, handbags, and jewelry.
68.
The registrations embodying the Tory Burch Registered Trademarks, several of which
are incontestable, are in full force and effect, and are entitled to protection under both federal law
and common law.
69.
Tory Burch's ownership and exclusive use in commerce of the TT Logo and other Tory
Burch Registered Trademarks predates the use by Defendants of their Infringing TT Logo and
Infringing T Design.
26
70.
Defendants use the Infringing TT Logo and Infringing T Design in interstate commerce
in connection with the sale, offering for sale, distribution, and/or advertising of their Infringing
Products.
71.
Defendants' use of the Infringing TT Logo and Infringing T Design is without Tory
Burch's permission or authority and is in total and willful disregard of Tory Burch's rights to
control its trademarks.
72.
73.
Upon information and belief, Defendants are and were at all relevant times both
actually and constructively aware of Tory Burch's prior use, ownership, and registration, and
Defendants' conduct is therefore willful and intentional and intended to confuse the public as to
the source of Defendants' products, and to injure Tory Burch and reap the benefit of Tory Burch's
goodwill associated with the Tory Burch Registered Trademarks.
74.
violation of 15 U.S.C. 1114, Tory Burch has been damaged and will continue to be damaged.
75.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
their wrongful conduct.
76.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
27
77.
Defendants from using the Tory Burch Registered Trademarks or any marks identical and/or
confusingly similar thereto for any purpose, and to recover from Defendants all damages, including
attorneys' fees, that Tory Burch has sustained and will continue to sustain as a result of such
infringing acts, and all gains, profits and advantages obtained by Defendants as a result thereof, in
an amount not yet known, as well as the costs of this action pursuant to 15 U.S.C. 1117(a),
attorneys' fees and treble damages pursuant to 15 U.S.C. 1117(b), and/or statutory damages
pursuant to 15 U.S.C 1117(c).
SECOND CLAIM FOR RELIEF
78.
Tory Burch incorporates herein by reference the averments ofthe preceding paragraphs
As described above, Tory Burch owns the distinctive Tory Burch Registered
Trademarks, including the TT Logo, all in connection with a variety of goods and services
including clothing, footwear, handbags, and jewelry.
80.
The registrations embodying the Tory Burch Registered Trademarks, several of which
are incontestable, are in full force and effect, and are entitled to protection under both federal law
and common law.
81.
Tory Burch's ownership and exclusive use in commerce ofthe TT Logo and other Tory
Burch Registered Trademarks predates the use by Defendants of their Infringing TT Logo.
82.
Defendants, without authorization from Tory Burch, have used and are continuing to
use spurious designations that are identical to, or substantially indistinguishable from, the Tory
Burch Registered Trademarks, including the TT Logo, in interstate commerce.
28
83.
without Tory Burch's permission or authority and is in total and willful disregard of Tory Burch's
rights to control its trademarks.
84.
The foregoing acts of Defendants are intended to cause, have caused, and are likely to
continue to cause confusion or mistake, or to deceive consumers, the public, and the trade into
believing that Defendants' Infringing Products are genuine or authorized by Tory Burch.
85.
86.
Upon information and belief, Defendants are and were at all relevant times both
actually and constructively aware of Tory Burch's prior use, ownership, and registration, and
Defendants' conduct is therefore willful and intentional and intended to confuse the public as to
the source of Defendants' products, and to injure Tory Burch and reap the benefit of Tory Burch's
goodwill associated with the Tory Burch Registered Trademarks.
THIRD CLAIM FOR RELIEF
87.
Tory Burch incorporates herein by reference the averments ofthe preceding paragraphs
88.
As described above, Tory Burch owns the distinctive Tory Burch Trademarks, all in
connection with a variety of goods and services, including clothing, footwear, handbags, and
jewelry.
89.
Tory Burch's ownership and exclusive use in commerce ofthe Tory Burch Trademarks
predates the use by Defendants of their Infringing TT Logo and Infringing T Design.
29
90.
Defendants use the Infringing TT Logo and Infringing T Design in interstate commerce
in connection with the sale, offering for sale, distribution, and/or advertising of their Infringing
Products.
91.
Defendants' use of the Infringing TT Logo and Infringing T Design is without Tory
Burch's permission or authority and is in total and willful disregard of Tory Burch's rights to
control its trademarks.
92.
T Design, and advertising of the same, as described above, constitutes false designation of origin
in violation of 15 U.S.C. 1125(a)(1)(A) in that it is likely to cause confusion, to cause mistake,
or to deceive as to the affiliation, connection, or association of Defendants with Tory Burch and/or
as to the origin, sponsorship, or approval by Tory Burch of Defendants' goods, services, or
commercial activity.
93.
Upon information and belief, Defendants are and were at all relevant times both
actually and constructively aware of Tory Burch's prior use, ownership, and registration, and
Defendants' conduct is therefore willful and intentional and intended to confuse the public as to
the source of Defendants' products, and to injure Tory Burch and reap the benefit of Tory Burch's
goodwill associated with the TT Logo.
94.
violation of 15 U.S.C. 1125, Tory Burch has been damaged and will continue to be damaged.
95.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
30
96.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
97.
Defendants from using the Tory Burch Trademarks, or any marks confusingly similar thereto, and
to recover all damages, including attorneys' fees, that Tory Burch has sustained and will sustain,
and all gains, profits and advantages obtained by Defendants as a result of their infringing acts
alleged above in an amount not yet known, as well as the costs of this action.
FOURTH CLAIM FOR RELIEF
98.
Tory Burch incorporates herein by reference the averments ofthe preceding paragraphs
99.
As described above, Tory Burch owns the distinctive and federally registered TT Logo
in connection with a variety of goods and services, including clothing, footwear, handbags, and
jewelry.
100.
Tory Burch's ownership and exclusive use in commerce of the TT Logo predates the
101.
Through consistent and continued use, product promotion, and consumer and industry
recognition, Tory Burch has developed the TT Logo to the point it is "famous" within the meaning
ofthe Lanham Act. Defendants did not begin using the Infringing TT Logo or Infringing T Design
in commerce until after Tory Burch's TT Logo became famous.
31
102.
Defendants use the Infringing TT Logo and Infringing T Design in interstate commerce
in connection with the sale, offering for sale, distribution, and/or advertising of their Infringing
Products.
103.
Defendants' use of the Infringing TT Logo and Infringing T Design is without Tory
Burch's permission or authority and is in total and willful disregard of Tory Burch's rights to
control its trademarks.
104.
the context of counterfeit products identical to Tory Burch's products is likely to cause dilution
(by blurring and tarnishment) of the distinctive qualities of the TT Logo in violation of 15 U.S.C.
1125(c).
105.
Upon information and belief, Defendants are and were at all relevant times both
actually and constructively aware of Tory Burch's prior use, ownership, and registration, and
Defendants' conduct is therefore willful and intentional and intended to confuse the public as to
the source of Defendants' products, and to injure Tory Burch and reap the benefit of Tory Burch's
goodwill associated with the TT Logo and other Tory Burch Trademarks.
106.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
their wrongful conduct.
108.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
32
109.
Defendants from using the TT Logo, and to recover all damages, including attorneys' fees, that
Tory Burch has sustained and will sustain, and all gains, profits and advantages obtained by
Defendants as a result of their infringing acts alleged above in an amount not yet known, as well
as the costs of this action.
FIFTH CLAIM FOR RELIEF
110.
111.
112.
Tory Burchhas compliedin all respects with the CopyrightAct and with all other laws
governing copyright in connection with its registered works. Tory Burch is the proprietor of all
rights, title, and interest to the Tory Burch Copyrighted Designs.
113.
As the owner of the Tory Burch Copyrighted Designs, Tory Burch is entitled to
exclusive use of these designs without unauthorized use of the Tory Burch Copyrighted Designs
by third parties.
114.
Given the widespread popularity of the Tory Burch products bearing the Tory Burch
Copyrighted Designs, Defendants had access to saidcopyrighted worksand, upon information and
belief, Defendants have knowingly infringed upon said designs by manufacturing, distributing,
advertising, and selling identical and/or substantially similar copies of the designs to the public in
violation of 17 U.S.C. 501.
115.
Upon information and belief, Defendants have intentionally, knowingly, and willfully
copied the Tory Burch Copyrighted Designs in order to personally benefit from the widespread
33
customer recognition and acceptance of said designs, and to capitalize upon the market created by
said designs.
116.
Upon information and belief, the aforesaid infringements by Defendants of the Tory
Burch Copyrighted Designs occurred and continue to occur with Defendants' knowledge that such
designs are copyrighted, and Defendants, in committing the acts complained of herein, have
willfully infringed upon Tory Burch's rights under the Copyright Laws of the United States, Title
17 U.S.C. 101, etseq.
117.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
their wrongful conduct.
118.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
119.
Defendants from using Tory Burch's copyrighted works, including the Tory Burch Copyrighted
Designs, and to recover from Defendants all damages, including attorneys' fees, that Tory Burch
has sustained and will sustain as a result of such infringing acts, and all gains, profits and
advantages obtained by Defendants as a result thereof, in an amount not yet known, as well as the
costs of this action pursuant to 17 U.S.C. 504(b) or statutory damages pursuant to 17 U.S.C.
504(b), and attorneys' fees and treble damages pursuant to 17 U.S.C. 505(b).
34
120.
Tory Burch incorporates herein by reference the averments of the preceding paragraphs
As described above, Tory Burch owns the distinctive TT Logo in connection with a
variety of goods and services, including clothing, footwear, handbags, and jewelry.
122.
Through consistent and continued use, product promotion (including in New York),
and consumer and industry recognition, Tory Burch has developed the TT Logo to the point it is
"famous" within the meaning of the Lanham Act. Defendants did not begin using the Infringing
TT Logo or Infringing T Design in commerce until after Tory Burch's TT Logo became famous.
123.
Tory Burch's ownership and exclusive use in commerce of the TT Logo predates the
Defendants use the Infringing TT Logo and Infringing T Design in interstate commerce
in connection with the sale, offering for sale, distribution, and/or advertising of their Infringing
Products.
125.
Defendants' use of the Infringing TT Logo and Infringing T Design is without Tory
Burch's permission or authority and is in total and willful disregard of Tory Burch's rights to
control its trademarks.
126.
the context of counterfeit products identical to Tory Burch's products is likely to cause dilution
(by blurring and tarnishment) of the distinctive qualities of the TT Logo in violation of New York,
General Business Law 360-1.
35
127.
Upon information and belief, Defendants are and were at all relevant times both
actually and constructively aware of Tory Burch's prior use, ownership, and registration, and
Defendants' conduct is therefore willful and intentional and intended to confuse the public as to
the source of Defendants' products, and to injure Tory Burch and reap the benefitof Tory Burch's
goodwill associated with the TT Logo and other Tory Burch Trademarks.
128.
By the acts described above, Defendants have caused and will continue to cause
irreparable injury to Tory Burch's goodwill and business reputation, in violation of New York,
General Business Law 360-1.
129.
Business Law 360-1, Tory Burch has been and will continue to be damaged.
130.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
their wrongful conduct.
131.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged because it has no adequate remedy at law.
132.
Defendants from using the TT Logo and variations thereof, and to recover all damages, including
attorneys' fees, that Tory Burch has sustained and will sustain, and all gains, profits and advantages
obtained by Defendants as a result of their infringing acts alleged above in an amount not yet
known, and the costs of this action.
36
(New York Statutory and Common Law Trademark Infringement N.Y. Gen. Bus. L. Sec. 360-o)
133.
134.
As described above, Tory Burch owns the Tory Burch Trademarks in connection with
a variety of goods and services, including clothing, footwear, handbags, and jewelry.
135.
Tory Burch's ownership andexclusive use in commerce of the Tory Burch Trademarks
predates the use by Defendants of their Infringing TT Logo and Infringing T Design.
136.
in connection with the sale, offering for sale, distribution, and/or advertising of their Infringing
Products.
137.
Defendants' use of the Infringing TT Logo & Infringing T Design is without Tory
Burch's permission or authority and is in total and willful disregard of Tory Burch's rights to
control its trademarks.
138.
Defendants' acts constitute trademark infringement in violation of the law of the State
of New York.
140.
Upon information and belief, Defendants are and were at all relevant times both
actually and constructively aware of Tory Burch's prior use, ownership, and registration, and
Defendants' conduct is therefore willful and intentional and intended to confuse the public as to
the source of Defendants' products, and to injure Tory Burch and reap the benefit of Tory Burch's
goodwill associated with the Tory Burch Trademarks.
37
141.
the law of the State of New York, Tory Burch has been and will continue to be damaged.
142.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
their wrongful conduct.
143.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
EIGHTH CLAIM FOR RELIEF
144.
Tory Burch incorporates herein by reference the averments ofthe preceding paragraphs
145.
As described above, Tory Burch owns the distinctive Tory Burch Trademarks in
connection with a variety of goods and services, including clothing, footwear, handbags, and
jewelry.
146.
Tory Burch's ownership and exclusive use in commerce of the Tory Burch Trademarks
predates the use by Defendants of their Infringing TT Logo and Infringing T Design.
147.
The above-described acts, including Defendants' adoption and use of the confusingly
similar Infringing TT Logo and Infringing T Design, constitute common law unfair competition
and misappropriation of Tory Burch's intellectual property rights.
148.
Defendants misappropriated the labors and expenditures of Tory Burch in bad faith.
149.
As
a direct and
38
150.
Upon information and belief, Defendants have realized, and continue to realize,
substantial revenues, profits, and other benefits rightfully belonging to Tory Burch as a result of
their wrongful conduct.
151.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
NINTH CLAIM FOR RELIEF
(Unjust Enrichment)
152.
153.
Through the conduct described above, Defendants were enriched at Tory Burch's
expense and it is against good equity and conscience to permit Defendants to retain any profits or
other rewards from its conduct.
154.
155.
Defendants' conduct has caused, is causing, and will continue to cause Tory Burch to
suffer irreparable harm and, unless Defendants are restrained, Tory Burch will continue to be so
damaged, because it has no adequate remedy at law.
TENTH CLAIM FOR RELIEF
156.
Tory Burch incorporates herein by reference the averments ofthe preceding paragraphs
This is an action for cancellation of Cai Yan Chen's trademark registration for the
39
158.
In view of Tory Burch's prior trademark rights in the distinctive TT Logo and other of
the Tory Burch Trademarks, Cai Yan Chen is not entitled to the exclusive right to use the Infringing
TT Logo and U.S. Reg. No. 4,102,185 should be cancelled.
159.
Registration of the Infringing TT Logo is causing, and will continue to cause, damage
to Tory Burch, because it unfairly provides Cai Yan Chen with prima facie evidence of the
exclusive right to use the Infringing TT Logo in connection with its Infringing Products.
160.
1119, directing the Director of the Trademark Office to cancel U.S. Reg. No. 4,102,185.
PRAYER FOR RELIEF
WHEREFORE, Tory Burch respectfully prays that this Court enter judgment in its favor
and against Defendants as follows:
A.
all persons acting by, through, or in concert with any of them, are hereby temporarily,
preliminarily, and permanently enjoined from using the Tory Burch Trademarks, or any marks,
designs or designations confusingly similar thereto and the Tory Burch Copyrighted Designs,
including, but not limited to:
(1)
distributing, offering for sale, or selling any products which bear the Tory Burch Trademarks
and/or the Tory Burch Copyrighted Designs, or any marks/designs identical, substantially
indistinguishable, substantially similar, and/or confusingly similar thereto;
(2)
Burch, or acts and practices that deceive consumers, the public, and/or trade, including without
limitation, the use of designations and design elements associated with Tory Burch;
40
(3)
engaging in any other activity that would dilute the distinctiveness of the
(4)
falsely representing that the goods and services of Defendants are licensed by, authorized by,
offered by, produced by, sponsored by, or in any other way associated with Tory Burch;
B.
Ordering Defendants to recall from any distributors and retailers and to deliver to
Tory Burch for destruction or other disposition all remaining inventory of Infringing Products, or
other products bearing the Tory Burch Trademarks, Tory Burch Copyrighted Designs, or any
marks confusingly similar or substantially similar thereto, including all advertisements,
Ordering Defendants to file with this Court and serve on Tory Burchwithinten (10)
days after entry of the injunction a report in writing, under oath setting forth in detail the manner
and form in which Defendants have complied with the injunction;
D.
Declaring that the Infringing TT Logo is not entitled to federal registration based
E.
Ordering that U.S. Reg. No. 4,102,185 be cancelled and directing the Clerk of the
Court to transmit notice of the Order to the Director of the Trademark Office of the United States
Patent and Trademark Office;
F.
G.
Awarding Tory Burch all of Defendants' profits and all damages sustained by Tory
Burch as a result of Defendants' wrongful acts, and such other compensatory damages as the Court
determines to be fair and appropriate pursuant to 15 U.S.C. 1117(a) and 17 U.S.C. 504(b);
41
H.
J.
U.S.C. 504(c);
K.
Awarding Tory Burch punitive damages inconnection with its state law claims, on
account of Defendants' willful misconduct and fraud and deceit upon the public; and
L.
42
Respectfully submitted,
hosp@fr.com
brenckman@fr.com
Natalie L. Arbaugh (pro hac vice forthcoming)
1717 Main Street, Suite 5000
Dallas, TX 75201
43
EXHIBIT 1
New Posts
Most Popular
America's Most
Lists
Video
Health World
FORBES 400
America's Richest
People
Log in
Sign up
Connect
1 H HB| >
Privacy
Terms
OIL&
AdChoices
Help
CRUDE
ENERGY
LEADING AMERICA TO
ENERGY INDEPENDENCE
GAS DRILLING
INVESTMENT BENEFITS:
INVEST TODA,
S
Share
Next Post
| follow J
The consumer economy: retail, and the people reinventing it.
1/03/2013 4:40PM
124,015 views
+ Follow Comments
Learn
by Selling in English
More
I That uniform preppy-bohemian, you could call it, orWASP chic has
IJJurned ToryBurch into a household name, and nowa billionaire.
Tory is set to join the 2013 Forbes World's Billionaires list in March as one of a
handful of women who made their fortunes rather than inherited them,
including Oprah Winfrey and Meg Whitman. The 46-year-old Penn graduate
and former fashion PR is now the second youngest self-made female
billionaire in America; Spanx inventor Sara Blakely. who joined the rich list in
_2Q1Z, is the youngest at 41.
Paradoxically, Tory's newfound billionaire status comes as a result of her exhusband's latest business move. One-time company co-chair Chris Burch sold
part of his 28.3% stake in the brand to two new investors this week, putting to
rest months of lawsuits and counterclaims that threatened to derail a future
TPO.
Chris' deal values the company at $3.25 billion, according to private company
analysts PrivCo. Representatives for the fashion house would not comment on
that figure, but Forbes' own calculations using price-to-revenue ratios for
similar public companies suggest Tory Burch LLC is worth at least $3.5
billion. This makes Tory's own 28.3% stake in her eponymous firm worth $1
billion.
In 2008, she cemented her status in the fashion firmament by winning the
industry's version of the Oscar, the Accessory Designer of the Year award
from the Council of Fashion Designers of America. In 2010, queenmaker
Oprah Winfrey included Tory's Reva flats in her final Favorite Things episode,
elevating them to wardrobe must-haves. That year, the company opened its
first standalone stores in Europe and Asia.
Then came the bump in the road that put a long-rumored IPO on hold
indefinitely. The trouble between exes Tory and Chris began in 2011 when
Chris launched C. Wonder, a preppy clothing chain bearing a striking
In October, Chris sued Tory and the majority of her company's board, alleging
they were trying to hinder his relations with suppliers and hamper his attempt
to sell some of his stake. Tory Burch LLC countersued in November, claiming
C. Wonder "is a knockoff brand...with mass-market versions of the top-selling
Tory Burch items." (You can judge for yourself: scroll through the images in
this counterclaim.!
Why Tory Burch Should Be Fashion's Next Billionaire (And How Her Ex Could
Stop Her!
Is Billionaire Blavatnik Playing Both Sides In Tory Burch Battle?
EXHIBIT 2
Type of Work:
Visual Material
/ 2011-03-16
Application Title:
TT & Design.
Title:
TT & Design.
Description:
Electronic file
(eService)
Copyright Claimant:
of
Creation:
Date
of
Publication:
2004-02-01
Nation
of
First
Transfer:
By written agreement.
2003
Publication:
United States
Authorship on Application:
MODco Creative, Inc., employer for hire;
States. Authorship: 2-D artwork.
Domicile:
Names:
United
United
EXHIBIT 3
Logout I Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
TT
Goods and
IC 004. US 001 006 015. G & S: Candles. FIRST USE: 20040201. FIRST USE IN COMMERCE: 20040201
Services
IC 014. US 002 027 028 050. G & S: Jewelry. FIRST USE: 20040201. FIRST USE IN COMMERCE: 20040201
IC 018. US 001 002 003 022 041. G & S: Accessories, namely, handbags, umbrellas and cosmetic bags sold empty.
FIRST USE: 20040201. FIRST USE IN COMMERCE: 20040201
(CANCELLED) IC 020. US 002 013 022 025 032 050. G & S: [ Housewares, namely, wood boxes and furniture ].
FIRST USE: 20040201. FIRST USE IN COMMERCE: 20040201
IC 024. US 042 050. G & S: Housewares, namely, [ bed sheets, table linens and ] towels. FIRST USE: 20040201.
FIRST USE IN COMMERCE: 20040201
IC 025. US 022 039. G & S: Clothing, namely, shirts, tops, sweaters, pants, skirts, shorts, dresses, bathing suits,
bikinis, sarongs, shoes, socks, belts, [ undergarments, ] robes and headwear; Outerwear, namely, scarves, jackets,
vests and coats. FIRST USE: 20040201. FIRST USE IN COMMERCE: 20040201
Mark
Drawing
Code
Design
Search Code
Serial
Number
Filing Date
Current
Basis
Original
Filing Basis
1B
Published
for
Opposition
Change In
Registration
Registration 3Q2979S
Number
International
Registration 0854054
Number
(REGISTRANT) River Light V, LLC LIMITED LIABILITY COMPANY DELAWARE 685 Kromer Avenue Berwyn
PENNSYLVANIA 19312
(LAST LISTED OWNER) RIVER LIGHT V, L.P. LIMITED PARTNERSHIP DELAWARE 11 West 19th Street, 7th
Floor New York NEW YORK 10011
Assignment
Recorded
Attorney of
Record
Description
of Mark
Type of
Mark
Register
Affidavit
Text
Live/Dead
Indicator
ASSIGNMENT RECORDED
TRADEMARK
PRINCIPAL
PARTIAL SECT 8 (6-YR).
LIVE
uSaHll
ISEARCH OG
Corrected
TRADEMARK
PRINCIPAL REGISTER
7TH FLOOR
2-1-2004.
2-1-2004.
FOR:
tpgoat. | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
TT
IC 035. US 100 101 102. G & S: Retail clothing apparel and accessories stores. FIRST USE:
20040208. FIRST USE IN COMMERCE: 20040208
Serial Number
76546288
Filing Date
Current Basis
1A
1B
Published for
Opposition
Registration Number
International
Registration Number
Registration Date
December 6, 2005
Owner
(REGISTRANT) River Light V, LLC LIMITED LIABILITY COMPANY DELAWARE 685 Kromer Avenue
Berwyn PENNSYLVANIA 19312
(LAST LISTED OWNER) RIVER LIGHT V, L.P. LIMITED PARTNERSHIP NEW YORK 11 West 19th
Street, 7th Floor NEW YORK NEW YORK 10011
Assignment Recorded
ASSIGNMENT RECORDED
Attorney of Record
Description of Mark
Type of Mark
SERVICE MARK
Register
PRINCIPAL
Affidavit Text
Live/Dead Indicator
LIVE
Int. CI.: 35
New Cert.
SERVICE MARK
PRINCIPAL REGISTER
REGISTRATION ASSIGNED
FOR:
^J ~
K^^^^J
Bottom
HELP
Lpgom: | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
ASSIGN Status I TTAB Status
Word Mark
TT
Goods and
IC 018. US 001 002 003 022 041. G & S: A full line of handbags. FIRST USE: 20040201. FIRST USE IN
Services
COMMERCE: 20040201
IC 025. US 022 039. G & S: A full line of women's clothing and footwear. FIRST USE: 20040201. FIRST USE IN
COMMERCE: 20040201
Mark Drawing
Code
Design Search
Code
Trademark
Search Facility
Classification
Code
Serial Number
77345778
Filing Date
December 6, 2007
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1A
November 4, 2008
3563326
(REGISTRANT) River Light V, L.P. LIMITED PARTNERSHIP DELAWARE 11 West 19th Street, 7th Floor New
York NEW YORK 10011
Attorney of
Record
Prior
. 4 ..
Registrations
3024142;3029795
Description of
Color is not claimed as a feature of the mark. The mark consists of a circle with a "T" and an upside down "T"
Mark
in the middle.
Type of Mark
Register
TRADEMARK
PRINCIPAL
Affidavit Text
Live/Dead
Indicator
LIVE
ISEARCH OG
TRADEMARK
PRINCIPAL REGISTER
bottom
HELP
Logom | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
Goods and
Services
IC 025. US 022 039. G & S: Socks; Robes. FIRST USE: 20080101. FIRST USE IN COMMERCE: 20080101
Mark Drawing
Code
Design Search
Code
Serial Number
77345862
Filing Date
December 6, 2007
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1B
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th St, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of
Color is not claimed as a feature of the mark. The mark consists of A circle with a "T" and an upside down "T" in
Mark
the middle.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
~J ~
Indicator
v- ,
LIVE
ISBD3IL11BOI
jic-i ISEARCH OG I
Top
states; of &m
W*
er%
TRADEMARK
OWNER OF U.S. REG. NOS. 3,024,142,3,029,795, AND OTHERS.
PRINCIPAL REGISTER
THE MARK CONSISTS OF A CIRCLE WITH A "T" AND AN UPSIDE DOWN "T" IN THE
MIDDLE.
~J
-,
u^t | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
ASSIGN Status I TTAB Status
Word Mark
T T
Goods and
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains. FIRST USE: 20081031. FIRST USE IN
Services
COMMERCE: 20081031
Mark Drawing
Code
Design Search
Code
Serial Number
77801962
Filing Date
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1B
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Steven R. Gursky
3024142;3029795;3563326
Description of Color is not claimed as a feature of the mark. The mark consists of an upright "T" underneath an upside down
Mark
inside a circle.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
T"
Indicator
LIVE
ISEARCH OG
v*f
FOR: METAL KEY CHAINS, IN CLASS 6 (U.S. CLS. 2,12,13,14,23,25 AND 50).
FIRST USE 10-31-2008; IN COMMERCE 10-31-2008.
TRADEMARK
OWNER OF U.S. REG. NOS. 3,024,142,3,029,795, AND 3,563,326.
PRINCIPAL REGISTER
THE MARK CONSISTS OF AN UPRIGHT "T" UNDERNEATHAN UPSIDE DOWN "T" INSIDE
A CIRCLE.
_,.,
bottom
HELP
Logout | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
IC 018. US 001 002 003 022 041. G & S: Leather key chains. FIRST USE: 20081031. FIRST USE IN
Services
COMMERCE: 20081031
Mark Drawing
Design Search
Code
Serial Number
77801996
Filing Date
Current Basis
1A
Original Filing
Basis
Published for
Opposition
T T
Goods and
Code
Registration
Number
Registration
Date
Owner
1B
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Steven R. Gursky
3024142:3029795:3563326
Description of Color is not claimed as a feature of the mark. The mark consists of an upright "T" underneath an upside down "T"
Mark
inside a circle.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
~J . . . v .
Indicator
~~~,
LIVE
Han
ISEARCH OG
^H
FOR: LEATHER KEY CHAINS, IN CLASS 18 (U.S. CLS. 1,2,3,22 AND 41).
FIRST USE 10-31-2008; IN COMMERCE 10-31-2008.
TRADEMARK
OWNER OF U.S. REG. NOS. 3,024,142,3,029,795, AND 3,563,326.
PRINCIPAL REGISTER
THE MARK CONSISTS OF AN UPRIGHT "T" UNDERNEATHANUPSIDE DOWN "T" INSIDE
A CIRCLE.
^J
bottom
HELP
Logout-'l Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
Goods and
Services
IC 016. US 002 005 022 023 029 037 038 050. G & S: Calendars; Note cards; Passport covers; Pen and pencil
cases; Pencils; Stationery. FIRST USE: 20080930. FIRST USE IN COMMERCE: 20080930
Mark
Drawing
Code
Design
Search Code
Serial
Number
Filing Date
Current Basis 1A
Original
Filing Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1B
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T" all
of Mark
surrounded by a circle.
Type of Mark
TRADEMARK
^j
Register
Live/Dead
Indicator
... y^^^^j
PRINCIPAL
LIVE
jit.-, ISEARCH OG
^K
FOR: CALENDARS; NOTE CARDS; PASSPORT COVERS; PEN AND PENCIL CASES; PEN
CILS; STATIONERY, IN CLASS 16 (U.S. CLS. 2,5,22,23,29,37,38 AND 50).
TRADEMARK
PRINCIPAL REGISTER
bottom
HELP
Logout | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
Goods and
IC 003. US 001 004 006 050 051 052. G & S: Cologne; Cosmetic preparations for body care; Cosmetics;
Services
Fragrances for personal use; Non-medicated skin care preparations; Perfumes. FIRST USE: 20130906. FIRST
USE IN COMMERCE: 20130906
Mark Drawing
Code
Design Search
Code
Serial Number
Filing Date
March 2, 2010
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
1B
International
Registration
1043796
Number
Registration
Date
Owner
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of
Mary L. Grieco
3024142;3029795;3563326
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T"
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
mi ISEARCH OG
*-lf
TRADEMARK
FIRST USE 9-6-2013; IN COMMERCE 9-6-2013.
PRINCIPAL REGISTER
News Help
Bottom
HELP
^Logout j Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
ASSIGN Status I TTAB Status
Word Mark
Goods and Services
TT
IC 009. US 021 023 026 036 038. G & S: Eyewear; Eyewear cases. FIRST USE: 20091021. FIRST USE IN
COMMERCE: 20091021
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.01.01 - Circles as carriers or as single line borders
26.01.02 - Circles, plain single line; Plain single line circles
Serial Number
85325963
Filing Date
Current Basis
1A
1A
Published for
Opposition
Date Amended to
Current Register
Registration
Number
August 9, 2011
Registration Date
Owner
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED
PARTNERSHIP DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of Record
Prior Registrations
3024142;3029795;3563326
Description of Mark Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted
"T" all surrounded by a circle.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead Indicator
LIVE
ISEARCH OG
^H
FOR: EYEWEAR; EYEWEAR CASES, FN CLASS 9 (U.S. CLS. 21,23,26,36 AND 38).
FIRST USE 10-21-2009; IN COMMERCE 10-21-2009.
TRADEMARK
OWNER OF U.S. REG. NOS. 3,024,142,3,029,795, AND 3,563,326.
PRINCIPAL REGISTER
THE MARK CONSISTS OF AN UPRIGHT "T" DIRECTLY BELOW AN INVERTED "T" ALL
SURROUNDED BY A CIRCLE.
News Help
KisiiaaflHBBB^^BESiEll
Logout | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
ASSIGN Status I TTAB Status
Word Mark
Goods and
Services
IC 018. US 001 002 003 022 041. G & S: Backpacks; Beach bags; Business card cases; Coin purses; Dog
collars; Dog leashes; Overnight bags; Pet clothing; Wallets; Wristlet bags. FIRST USE: 20081031. FIRST USE IN
COMMERCE: 20081031
Mark Drawing
Code
Design Search
Code
Serial Number
85530802
Filing Date
February 1, 2012
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
1A
International
Registration
1141379
Number
Registration
Date
Owner
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T"
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
"ESS HOME
LIVE
'SEARCH OG
*-Cf
FOR: BACKPACKS; BEACH BAGS; BUSINESS CARD CASES; COIN PURSES; DOG COL
LARS; DOG LEASHES; OVERNIGHT BAGS; PET CLOTHING; WALLETS; WRISTLET BAGS
, IN CLASS 18 (U.S. CLS. 1,2,3,22 AND 41).
TRADEMARK
FIRST USE 10-31-2008; IN COMMERCE 10-31-2008.
PRINCIPAL REGISTER
OWNER OF U.S. REG. NOS. 3,024,142,3,563326 AND OTHERS.
THE MARK CONSISTS OF AN UPRIGHT "T" DIRECTLY BELOW AN INVERTED "T" ALL
SURROUNDED BY A CIRCLE.
News Help
a n lira n a o n
ISEARCH OG I
bottom
HELP
Logout | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
ASSIGN Status I TTAB Status
(be)
Word Mark
Goods and
Services
IC 009. US 021 023 026 036 038. G & S: Cell phone cases; Leather protective covers specially adapted for
personal electronic devices; Protective covers and cases for cell phones, laptops and portable media players.
FIRST USE: 20091031. FIRST USE IN COMMERCE: 20091031
Mark Drawing
Code
Design
Search Code
Serial
Number
Filing Date
February 1, 2012
Current Basis 1A
Original Filing
Basis
Published for
Opposition
Registration
Number
1A
International
Registration
1141379
Number
Registration
Date
Owner
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description
of Mark
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T" all
surrounded by a circle.
PRINCIPAL
LIVE
'SEARCH OG
*-**
36 AND 38).
PRINCIPAL REGISTER
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
bottom
HELP
Logout | Please logoutwhen you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
JG,
"IP
Word Mark
Goods and
IC 018. US 001 002 003 022 041. G & S: Backpacks; Cosmetic cases sold empty; Handbags; Leather pouches;
Services
Mark Drawing
Code
26.09.28 - Miscellaneous designs with overall square shape; Square shapes (miscellaneous overall shape)
27.03.01 - Geometric figures forming letters, numerals or punctuation
Filing Date
April 6, 2012
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1B
July 3, 2012
4459720
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Steven R. Gursky
3024142;3029795;3563326;AND OTHERS
Description of Color is not claimed as a feature of the mark. The mark consists of design of four equal parts created from two
Mark
stylized split "T"s.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
mimWmwLSmliSw
ISEARCH OG
^tiiteU
states
of
OmwfA
V2i^
Wnitih &tate* patent attfr t&rabemarfc Office
^H
JG.
"3.7
Reg. No. 4,459,720
TRADEMARK
PRINCIPAL REGISTER
/(Lu^j.j.du^
Commissioner for Trademarks of the
United States Patent and Trademark Office
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
HELP
Logout j Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
"3C"
Word Mark
Goods and
Services
Mark Drawing
Code
Design Search
Code
IC 025. US 022 039. G & S: Belts; Footwear. FIRST USE: 20130331. FIRST USE IN COMMERCE: 20130331
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Serial Number
85591319
Filing Date
April 6, 2012
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1B
July 9, 2013
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of Color is not claimed as a feature of the mark. The mark consists of design of four equal parts created from two
Mark
stylized split "T"s.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
^J ~ . ~ . . . v .. ~ ~ ~ ,
Indicator
LIVE
uaaisuul
SEARCH OG
^Cf
JG.
Reg. No. 4,365,683
TRADEMARK
THE MARK CONSISTS OF DESIGN OF FOUR EQUAL PARTS CREATED FROM TWO
STYLIZED SPLIT "T"S.
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
bottom
HELP
| Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
"DC"
Word Mark
TT
Goods and
IC 009. US 021 023 026 036 038. G & S: Eyewear. FIRST USE: 20091130. FIRST USE IN COMMERCE:
Services
20091130
Mark Drawing
Code
Design Search
Code
Serial Number
85591453
Filing Date
April 6, 2012
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1A
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of Color is not claimed as a feature of the mark. The mark consists of design of four equal parts created from two
Mark
stylized split "T"s.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
^J ~ . . .
Indicator
v - ~~~f
LIVE
ISEARCH OG
^tutefc
states
of
nter,rj>
Vll^
mteb &mzi patent anb ^rabemarfe Office
^K
iJCh
"IP
Reg. No. 4,242,007
TRADEMARK
OWNER OF U.S. REG. NOS. 3,024,142,3,563,326 AND OTHERS.
PRINCIPAL REGISTER
THE MARK CONSISTS OF DESIGN OF FOUR EQUAL PARTS CREATED FROM TWO
STYLIZED SPLIT "T"S.
^J ~ . . y ^ ^ J
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
Record 1 out of 1
TSDR
Word Mark
TT
Goods and
IC 009. US 021 023 026 036 038. G & S: Cell phone cases; Eyewear; Leather protective covers specially adapted
for personal electronic devices; Protective covers and cases for cell phones, laptops and portable media players;
Services
Drawing
Code
Serial
Number
Filing Date
Current
Basis
Original
Filing Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
85716917
1A
(REGISTRANT) River Light V, L.P. CRB, LLC, a limited liability company of Delaware. LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description
of Mark
Type of Mark
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T".
TRADEMARK
Register
Live/Dead
Indicator
PRINCIPAL
LIVE
wasmm
ISEARCH OG
^*
TRADEMARK
PRINCIPAL REGISTER
... ^J v ^ ^ ^ ,
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
Record 1 out of 1
TSDR
Word Mark
TT
Goods and
Services
14- US 002 027 028 50' G &S: Jewelry. FIRST USE: 20110131. FIRST USE IN COMMERCE: 20110131
85716924
Filing Date
Current Basis
1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1A
July 9, 2013
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of
STEVEN R. GURSKY
3029795;3563326;4029068;AND OTHERS
Mark
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T".
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
*-l?
TRADEMARK
OWNER OF U.S. REG. NOS. 3,029,795,4,029,068 AND OTHERS.
PRINCIPAL REGISTER
THE MARK CONSISTS OF AN UPRIGHT "T" DIRECTLY BELOW AN INVERTED "T"
^J
.. v^^^y
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
SEARCH OG I
bottom
HELP
i*gt | Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
TSDR
Word Mark
Goods and
IC 018. US 001 002 003 022 041. G &S: Business card cases; Cosmetic cases sold empty; Handbags; Leather
Services
pouches; Luggage; Purses; Tote bags; Umbrellas; Wallets; Wristlet bags. FIRST USE: 20070831. FIRST USE IN
COMMERCE: 20070831
Mark
Drawing
Code
Serial
Number
Filing Date
Current
Basis
Original
Filing Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
85716927
1A
April 9, 2013
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description
of Mark
Type of Mark
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T".
TRADEMARK
^ j ^ v . . . v - ^.^^.J
Register
Live/Dead
Indicator
PRINCIPAL
LIVE
msmwwmmBsmMSLMmi
'SEARCH OG
^*#
TRADEMARK
FIRST USE 8-31-2007; IN COMMERCE 8-31-2007.
PRINCIPAL REGISTER
OWNER OF U.S. REG. NOS. 3,029,795,4,029,068 AND OTHERS.
THE MARK CONSISTS OF AN UPRIGHT "T" DIRECTLY BELOW AN INVERTED "T".
SER. NO. 85-716,927, FILED 8-30-2012.
BARBARA BROWN, EXAMINING ATTORNEY
Home Site Index Search FAQ Glossary Guides Contacts eBusiness eBiz alerts News Help
Record 1 out of 1
ASSIGN Status I TTAB Status
JC
Word Mark
Goods and
IC 025. US 022 039. G & S: Belts; Dresses; Footwear; Hats; Jackets; Pajamas; Pants; Scarves; Shirts; Skirts;
Services
Mark Drawing
Code
Serial
Number
Filing Date
Current Basis 1A
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration
Date
Owner
1A
June 4, 2013
(REGISTRANT) River Light V, L.P. CRB, LLC, a Delaware limited liability company LIMITED PARTNERSHIP
DELAWARE 11 West 19th Street, 7th Floor New York NEW YORK 10011
Attorney of
Record
Prior
Registrations
Description of
Mark
Color is not claimed as a feature of the mark. The mark consists of an upright "T" directly below an inverted "T"
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
*-Cg
TRADEMARK
PRINCIPAL REGISTER
Type of Work:
Visual Material
/ 2008-12-22
Application Title:
4T.
Title:
4T.
Description:
Electronic file
(eService)
Copyright Claimant:
of Creation:
Date
of
2003
Publication:
2004-02-29
Nation of
First
Publication:
United States
Authorship on Application:
MODCo Creative,
Names:
MODCo Creative,
Tory Burch LLC
Inc
EXHIBIT 4
Type of Work:
Visual Material
/ 2012-03-12
Application Title:
Title:
Description:
Electronic file
(eService)
Copyright Claimant:
Tory Burch LLC.
Date
of
Creation:
Date
of
Publication:
2004-02-27
Nation of
First
2003
Publication:
United States
Authorship on Application:
Tory Burch LLC,
Domicile:
United States;
Type of Work:
Visual Material
/ 2008-12-22
Application Title:
4T.
Title:
4T.
Description:
Electronic file
(eService)
Copyright Claimant:
of Creation:
Date
of
By written agreement.
2003
Publication:
2004-02-29
Nation of
First
Publication:
United
States
Authorship on Application:
MODCo Creative,
Names:
MODCo Creative,
Tory Burch LLC
Inc
EXHIBIT 5
Type of Work:
Visual Material
/ 2008-12-22
LUX T JACQUARD.
Description:
Electronic file.
Copyright Claimant:
Tory Burch LLC.
Date
of
Creation:
Date
of
Publication:
2007-11-30
Nation of
First
2006
Publication:
United States
Authorship on Application:
Tory Burch LLC, employer for hire; Domicile: United States;
Citizenship: United States. Authorship: 2-D artwork.
Names:
Certificate of Registration
This Certificate issued under theseal oftheCopyright
*vi>.
^62feu)
*-7^o-*J
Registration Number:
VA 1-655-228
Effective date of
registration:
December22,2008
Title
TMeofWork: LUXTJACQUARD
Completion/ Publication _ _ _
YearofCompletion: 2006
Date of 1st Publication: November 30,2007
Author
Author ToryBurchLLC
Author Created:
2-D artwork
United States
Domiciled in:
United States
Copyright claimant
Copyright Claimant: Tory Burch LLC
11West 19th Slreel;7th Fl()or, New York,NY, 10011,United States
Certification
Name:
SethRKertzer
Page 1of 1
IPN#:
Registration#:
VAOOOl 655228
34th Floor
FALL 07
EXHIBIT 6
JOIN NOW
Our Newsletter
OR LEARN MORE
QMtee\sitoD imomb
Atlanta Cincinnati Cleveland Los Angeles
Sign In
Home > Meet the lady who Oprah called "the next big thing in fashion."
HOME
Meet the Ladv Whose Best Bet was Outsourcing Gift Sets. ->
LAUNCH TIPS
LAUNCH OPPORTUNITIES
FEATURED LADIES
MEMBER SUCCESSES
BUSINESS PLANS
78J^QmmsiM
PR PACKAGES
ONLINE MARKETING
VENDOR MATCHING
SERVICES
MARKETING 2LWL
LOCAL COMMUNITIES
WORKSHOPS / INCUBATORS
BROWSE ARTICLES
Tory Burch
Founder and Creative Director, Tory Burch
After years working in the fashion industry and as a customer, Tory noticed there was a gap in
the market for clothes that were not only beautifully made, but also accessibly priced. She
wanted to create classic American sportswear that was luxurious and sophisticated at a more
attainable price point. So, in 2004 Tory started Tory Burch out of her apartment and opened her
flagship boutique in New York City's Nolita neighborhood.
Tory also wanted customers to feel like they walked into her living room rather than a store, so
she bucked the popular minimalist retail decorating trend by adorning her boutique with bright
orange walls, green carpet, vintage chandeliers and white couches to give the location a unique
and luxurious feel.
The next year was big for Tory Burch. Brand recognition for her company
changed overnight after Tory appeared on Oprah as "the next big thing in
fashion." That day, toryburch.com received eight million hits. Oprah also wore Tory's tunics on
the cover of O, The Oprah Magazine, in June 2005 and July 2006. Tory was also acknowledged
for her store's design aesthetic when Fashion Group International awarded Tory Burch the 2005
Best New Retail Concept for going against the minimalist retail design concept.
Over the next several years, Tory added stores in major United States cities, began international
distribution with prominent retailer Harvey Nichols in London and Dubai, and established her
retail presence in Milan, Tokyo and Manila.
The Tory Burch collection is influenced by many forces including Tory's childhood on a farm near
Philadelphia and her mother and father's unique sense of personal style. "My parents Buddy and
Reva are my greatest inspirations," she says. "They were such an effortlessly chic couple and so
gracious and welcoming to everyone they met."
Photography, art, films, travel and the work of interior designer David Hicks drive Tory's designs,
as well.
Dream it
Launch it
Lrveit&
The goal at Tory Burch has always been to build a lifestyle brand that customers return to
season after season, year after year. "Every season we think about the collection as a lifestyle what do women need and what do they want?" she says. "We think about that across all our
categories." Within her collections, Tory strives to offer special, versatile pieces that women can
make their own.
After six years in business, Tory Burch is poised for more expansion. "We have managed our
growth, making sure that everything was done at the right time and for the right reasons," says
Tory. "We want to grow worldwide slowly and strategically, while always maintaining our quality,
prices and relationship with the customer."
When Tory started her company in 2004, she wanted to create a foundation to help other women
achieve their dreams. "Last year, we started the Tory Burch Foundation with our partner Accion
USA to financially empower women," Tory says. "Through microfinance, we enable women to
start, sustain and grow their own businesses. They in turn can help their communities, revitalize
local economies and support others."
<
Shop now!
What we learned from Tory: "Have confidence in your unique idea and be tenacious."
Will to Win
"My parents and family instilled in me a strong work-ethic, the confidence to do anything and a
desire to follow-through."
Customer Commitment
"We work hard to maintain a high level of design at a price that is attainable."
Good Times
"One of the most exciting moments was the first time I saw a woman wearing something from
our Tory Burch collection, I was so excited and flattered."
This Featured Lady was profiled by Megan L. Reese, WORDrobe Stylist for Her Write Image in
West Grove, PA.
Perricone MD Supplements
^^
perriconemd.com
Supplements for Beautiful Skin. Get Better looking Skin. Shop Now!
*$&L LadiesWholiiunch
SHHRE
^VJ *'...
Home
LOCATIONS
California
FAQs
Los Angeles
Orange County
Member Benefits
Connecticut
Southwest
Tennessee
Nashville
Utah
tlftii
EXHIBIT 7
VIDEO
ROYALS
COUNTRY
TV
Banks and
9in
CW/GIOVAMMI RUHNO.'LANDOV
Share on Facebook
10/05/2009 at 09:30 AM ET
BABIES
PETS
MAGAZINE
Baby!-,
PEOPLE PREMIUM
SUNFILTERED
AN ISSUE!
Product
FOOD
MOST WATCHED
go
Mi
PEOPLE.COM
to Expos
Prejudice
Man witt
Wears h
what she would like to see Blake's Serena van der Woodsen
sxm
natural exfoliant
Stylelist
InStyle
It?
w^jswsraweiiwgtf!
EXHIBIT 10
10/11/2014
Tory Burch: Great Choice for Kate Middleton's Mass Playdate - Princess Diaries - Racked National
RACKED
Like <{l2k|
Email newsletter
Your email
Twitter
Follow Racked
KATE MIDDLETON
NEW ZEALAND
PRINCE GEORGE
PRINCESS DIARIES
RACHELRILEY
ROYAL NEW ZEALAND PLUNKET
SOCIETY
TORY BURCH
Kate Middleton photos have surfaced from her tour Down Under (still in New
Zealand <http://racked.com/archives/2014/04/07/kate-middletorts-nz-look-istaken-straight-from-dianas-playbook.php> ) in which she's wearing the "Paulina"
dress from Tory Burch's Resort 2014 collection to a ten-baby playdate. The
dress is currently sold out <http://www.toryburch.com/paulinadress/52132424.html> on the site, at Nordstrom.com
<http://shop.nordstrom.eom/s/tory-burch-paulina-fringe-a-line-dress/3640559?
amp;country=US¤cy=USD&cm_cat=datafeed&cm_ite=tory_burch_'paulin
a'_fringe_aline_dress:989402&cmjDla=dresses:women:dress&cm_ven=Google_Product_A
ds&mr:referrallD=3784a92b-bfe7-11e3-87fe-001b2166c2c0&origin=pla>and
Net-a-Porter.com <http://www.net-a-porter.com/us/en/product/403397?
http://racked.com/archives/2014/04/09/of-course-kate-middleton-wears-tory-burch-to-mass-play-date.php
1/3
Tory Burch: Great Choice for Kate Middleton's Mass Playdate - Princess Diaries - Racked National
10/11/2014
The baby hangout was organized by the Royal New Zealand Plunket Society,
which is a real thing, and the barrier to entry for was birthday: The little ones had
to be born within a two weeks of his July 22 birthday last year. Speaking of
George, he was wearing dungarees from British children's brand Rachel Riley
<http://www.rachelriley.com/> with a sailboat embroidered on it. And that's not
even the cutest thing. The cutest thing is the picture of mother and son below.
straight-from-dianas-playbook.php> [Racked]
Kate Middleton Nearly Has Another Marilyn Moment in NZ
<http://racked.com/archives/2014/04/06/kate-middleton-has-second-marilynmonroe-moment-in-australia.php> [Racked]
Recommended
Statement Rings,
Bangles, More: Inside
Sale
Learn more
15 Surprisingly Smart
Celebrities With
Genius IQ's
Sponsored
Powered by
for you
http://racked.com/archives/2014/04/09/of-course-kate-middleton-wears-tory-burch-to-mass-play-date.php
2/3
EXHIBIT 11
**f*owdiwmt owa
Home
SUBSCRIBE TO
O Posts
O Comments
UPDATES
follow me on Twitter
The first lady ofthe United States, Michelle Obama, can sell out a dress just as quickly as Kate
Middleton. She proved that this week when her blue Tory Burch tie-dye dress that she wore to a
Drink-Up function with Eva Longoria, sold out in a few hours across all the sites.
iFashion
We Are Awesome
Marie Clairvoyant
Zalebs
TeeTeeisWithMe
Elle Magazine
PopYaCollar
Hurricane Vanessa
Of course the dress is doing a great job as I was definitely encouraged by it to drink more water.
A Fashion Friend
Actually I need much more encouragement. Every day. The dress itself would be a good idea.
BLOG ARCHIVE
&
February 2014(115)
January 2014 (123)
December 2013 (80)
November 2013 (124)
October 2013 (137)
September 2013 (115)
August 2013 (109)
July 2013(118)
June 2013 (95)
May 2013(109)
Sadly, the dress was dropped in price from $695 down to $347.50 before the FLOTUS wore it, and
then, just like that, it was gone. Grrrr.
February 2013(91)
January 2013 (85)
For the record, Eva Longoria is wearing a Camilla and Marc dress. I like that one too.
Pippa Middleton on
Date Night in Cute
Tory Burch Sandals
New York
May 2010(20)
April 2010 (17)
March 2010(21)
February 2010(20)
January 2010(27)
m:qi
jb:@i
COMMENT:
Anonymous said...
Oh what a dress! Surprised about the designer though, at first glance I thought it must be a
EXHIBIT 12
01 ABOUT
CFDA
Members
02 MEMBERS
03 PROGRAMS
04 AWARDS
05 NEWS
06 RESOURCES
TORYBURCH
Tory Burch is CEO and designer of the luxury lifestyle brand Tory Burch. She grew up in
Valley Forge, Pennsylvania and graduated from the University of Pennsylvania with a degree in
art history. Tory then moved to New York to pursue a career in fashion and worked for some of
the most influential American designers including Ralph Lauren, Vera Wang and Narciso
Rodriguez at Loewe.
After years of working in fashion, Tory noticed a void in the market for a collection with a
designer aesthetic at a more attainable price point. In 2004 she launched Tory Burch, a lifestyle
brand rooted in classic American sportswear with multiple categories, including ready-to-wear,
handbags, shoes, jewelry and accessories. The collection is available at 65 boutiques across
the U.S., Europe, Middle East and Asia, www.toryburch.com and over 1000 select department
and specialty stores worldwide.
Tory Burch has received recognition from the fashion industry, including the 2005 Rising Star
award from Fashion Group International; 2007 Accessory Brand Launch of the Year from the
Accessories Council of Excellence; the 2008 CFDA for Accessory Designer of the Year; and
Glamour's 2011 Woman of the Year award. In 2010, Tory was named one of Forbes' Most
Powerful Women in the World, and in 2011 she was chosen as one of New York's 50 Most
An avid philanthropist, Toryworks with several charitable organizations and holds positions on
the board of the CFDA, the Society of Memorial Sloan-Kettering Cancer Center and the Startup
America Partnership. In 2009 Tory launched the Tory Burch Foundation to empower women
and families, initially through microfinance and mentoring in the United States. For more
information please visit www.toryburchfoundation.org.
EXHIBIT 13
FAST COMPANY
BY JEFF CHU
I.TORY BURCH
Founder's current
director/designer
CEO: Burch
Founded: 2004
Headquarters:
New York
Revenue in 2013:
$800 million
Employees (in
2013): 2,000
Stores in the U.S.:
62
Notable
collaborations:
Illustrations by Ollanski
Estee Lauder,
Fossil, Luxottica
-T
RELATED ARTICLES
Pretty Smart
JEFFCHU
Jeff Chu writes on international affairs, social issues,
and design for Fast Company.
CONTINUE
SIGN IN
Tory Burch, Favaites, Extras | Travel destinations, blogs, contests andoffers from Delta SkyMagazine + deltaskymag.com
1/7/2015
HOME
DESTINATIONS
SKfEXTRAS
A DELTA
IN THE MAGAZINE
BLOGS
9 Tra^tseGit
WW9RTH
Wftlu
NKWfORK
,;:", /.'".v'"'' . ;l!.,;v;:':'ii::,: ,;.. ,,,
LEARN MORE
I'm sure she has her moments, but have you ever seen a picture of Tory Burch where she doesn't seem
enveloped in the essence of serenity? In fact, it's hard to imagine her ever trucking after a taxi, racing outfromspin
class with wet hair, eating on the run or ever losing her cooljust a few of the frantic, normal behavioral traits
common to many New Yorkers. But don't be misled by the low-decibel tones, the beckoning half-smile or ever-
placid demeanorthatbetray her Philadelphia mainline breeding (think Grace Kellyor Katharine Hepburn as Tracy
Lord in The Philadelphia Story).Tory Burch commands ownership of the two key traits all New Yorkers must have
to succeed: She trusts her gut, and she is fearless.
Against popular wisdom, Burch opened her first freestanding store in 2004, the same year she launched her
business on Manhattan's Elizabeth Street, in the very-now-but-so-not-then flocked-to neighborhood of Nolita.east
ofSoho. Few would have bet on this location as a game/set/match for a fledgling clothing line getting press for its
beaded cardigans, Nantucket-friendly boho tunics and citrus-hued flats sporting her now instantly recognizable
double T logo. But at the close of its opening day, the new shop had been nearly stripped clean. "Myinitial fiveyear plan was to have three freestanding stores," Burch says. "Maybe a few more, just as long as we grew
organically."
Itturns out the lady has a Kelly green thumb. Ten years later, Burch's affordable, aspirational and often adorable
approach to contemporary luxury spans a network of more than 120 stores across North America, Latin America,
Europe, Asia and the Middle East, with plans for further global expansion, and annual sales approaching $1
billion.
"It's going well," Burch says with the same satisfied reserve that other women might acknowledge a well-attended
lawn party. But like the sawiest of New Yorkers, Burch exhibits another enviable trait: She never shows her hand
or her sweat. Around this town, that's the mark of a winner.
http://deltaskymag.delta.com/Sky-Extras/Favorites/Tory-Burch.aspx
1/3
1/7/2015
Tory Burch, Favorites, Extras| Traveldestinations, blogs, contests and offers from DeltaSky Magazine + deltaskymag.com
because Iwas so eager to make
money to create our foundation
[which supports female
entrepreneurs]. But it was a
tremendous amount of work to
design the clothes that I personally want to wear, because they suit my work, they suit my life,they suit my age. And
in doing so, you want to celebrate and incorporate the inspirations that excite and inspire you.
What are those inspirations?
New York City plays such an important part because of its intense energy and the constant diversity of people you
find everywhere you go. Also, music, culture and fashion are so seamlessly interwoven in life in Manhattan. You
are surrounded by art and innovation. They are not saved for special occasions.
But you are not a native New Yorker?
No, I'm from outside Philadelphia, which is another city I will always love because it's home, and it's a city that has
a more casual way of doing things. Lifethere is also about being outside. Withthree boys, it's impossible to
imagine not spending lots of time outdoors. Surround yourself with nature and you can't help but think about colors
and prints and fabrics with an easy flow.
What's the bestfworst of living in New York?
The best is the convenience of being in the middle of the most exciting city in the world. The worst is having been
brought up on a farm in Pennsylvania, so I know my three boys need to be outside more often.
Do other cities play a factor in design?
Yes, but in a more imaginary way. I remember as a child hearing my mom and dad talk about their travels, and I
would run to books to see pictures of these exotic places. Ido love to travelon my last vacation I was enchanted
by Myanmar, and my sons were thrilled to be at Machu Picchubut you don't have to run around the globe to get
excited by the colors, fabrics and textures of other cultures. Ifell in love with the style of Deauville in the '60s for our
spring 2014 collection, but I've never been there. Then again, Deauville today is very different than it was in the
What is a key element in
becoming a success in an
industry as idiosyncratic and
volatile as fashion?
clothes to their ages and lifestylehow to mix it with elements of their own wardrobe to create a personal style,
how they can wear what you love making and look special and unique. You can't expect your collection to do all
the work. You have to adapt, instruct and evolve. Your customer becomes your partner. And as they change, so do
you. You can never sit back.
Do you have a uniform when you travel? Are there essentials you always pack?
Travel is always foremost in my mind when lam both shopping and designing. I travel so much, and so do most of
the women I know. It makes you seek out clothes that are versatile, hold their shape and don't require a lot of
maintenance. For the plane, I usually favor a trench coat, a favorite pair of comfortable jeans and great flats. I
always travel with great sweaters, crisp shirtings, cotton jersey knit shirts, boots that can go from day to evening. I
always have a few of our signature tunics, which we have been making from the very beginning. One in cotton and
one in cashmere. Accessories to dress up and down or just wear because you think they are fun and will make you
happy. You're stuck ifyou don't choose clothes you can wear and repurpose throughout the trip. Not surprisingly,
these are but a few of the things we love to make.
What are the four things you always take on a plane with you?
A Porthault baby pillow, a Loro Piana cashmere wrap, pictures of my boys and a red ribbon for good luck. Iam very
superstitious, like my stepdaughters. I also always walk on a plane with my right foot and, yes, I knock on wood.
Do you turn off when you travel or are you constantly looking?
Relaxing is something Ido easily, but Iam always taking notes and posting pictures. The beauty of traveling is not
http://deltaskymag.delta.com/Sky-Extras/Favorites/Tory-Burch.aspx
2/3
1/7/2015
Tory Burch, Favorites, Extras | Travel destinations, blogs, contests andoffers from Delta SkyMagazine + deltaskymag.com
merelyabout getting away from what you know but about findinggreat new things, imagining how you can put your
own spin on them. Ialso use travel to give our Web readers incredible tips on travel, clothes, food and shopping
that they probably won't find anywhere else.
Your website, TorvBurch.com. is one of the best-designed and most-visited websites in the industry [4.3
million visits and 1.8 million visitors per month]. It has been justly praised because it's more than an ecommerce siteit's about a way to live, to dress, to look at and explore life that appears to be in perfect
harmony with your brand.
The site is ever-involving. Naturally,we were so interested in an online component when we launched the brand
that we had an e-commerce site up two months after opening our first store. But as soon as we did that, we realized
the site had to do more to keep our customer engaged and to learn more about them. Our customer is inquisitive,
she has an active life, she wants to know what else is new and exciting and she wants ideas about more than just
what to wear, because ifyou divorce fashion from reality you can't stay relevant. Byoffering her fresh and focused
information, and incorporating other designers, musicians, artists, chefs and tastemakers and showing what we
love in terms of food, home, decor, gifts, itopened up new lines of communication so we can learn more about the
woman who wears Tory and how we can serve her better. And by letting them communicate what they like and
want to know more about, they help us build a better site.
What's next?
Nowwe are going to go global in a way Ididn't originally dream about. We just opened a flagship in Munich. We
are opening on the rue St. Honore in Paris, which is so very exciting. We already have shops in the U.K..Rome
and Tokyo. We are about to introduce watches: We have partnered with Fossil to come up with a line of watches
that are so beautiful but not expensive. We don't do a lot of licensees, but these Swiss-made watches will be very
special and Ican't wait for people to see them. We are also working on a seriously functional sports line, clothes
you can wear at work and at the gym. And we are building beauty very slowly, organically. We started with one lip
color and one bronzer. Now we are up to 12. We are going to do activewear, because I want clothes that Ican
wear to class as well as to the office. And we have plans to start menswear. My boys are growing up and Iguess I
still want to dress them. I'm hoping they willthink the clothes we do are cool, but I never take anything for granted.
Ever.
4 PREVIOUS
Cannot find links on website to Tory Burch's must-visit spots in Paris & Shanghai, as listed in Sky magazine. How
can I do so?
5/20/2014 6:51:30 AM
Sky Magazine
Hi Jean, that piece is part of the exclusive content now featured in our digital edition. You can find it at
http://deltaskymag.com/may.
5/20/2014 9:30:50 AM
Leave message
Name:
Message:
/,
" Add
WWl^>
" 'l
THE MAGAZINE
v-.t-iSl"-.
http://deltaskymag.delta.com/Sky-Extras/Favorites/Tory-Burch.aspx
3/3
JJSbTODAY
Legal
Advertise
Feedback
Help
rats
ODAY
Related Videos
his content comes from Closed Captioning that was broadcast along with this program.
public. first, an entrepreneur with global clothings and accessories, first a look at how she has spun fashion goals.
[it's the double t medallion that has women screaming, whether it's the clothing the jewelry or those iconic ballet flats you love, tory burch has more affordable prices, a
multi-billion dollar brand cooked up ten years ago in the kitchen burch shared with her then husband chrisburch. it opened and ten months later on an episode of oprah hit
the big time with the midas touch there new york style center tory burch is hailed as the next ting in fashion.
the next day, she had 8 million hits online, travel hit at home, burch and her husband divorced, maintaining respectful relationship for the three sons and the company
they shared together.
that is until 2011 when chris launched his own brand with a similar aesthetics, it sparked lawsuits, tory's company calls it a knockoff, chris claims claimed the two didn't
compete, giving significantly lower prices, the two eventually settled out of course, since then, there has only been good news for burch, making world's billionaire's list,
launching a line this month to rave reviews, now a staple of any successful designer brand, her very own fragrance and tory burch is with us now. good morning to you.
good morning.
let's let that soak in a moment, self-made billionaire, can you believe that?
no, i really can't, you know what, we have worked so hard, our company will be ten years in february. we have a great brand.
you had a billion dar company in less than ten years, are you the first to say you didn't start out with design experience, this was inspiration, a lot of women are
watching this, they want to know how you did it?
i definitely learned on the job. i would say. if have you an idea, a unique idea, it's a lot of work, but you can do it.
you have expanded left and right, do you ever look at it and think, okay, what is too big? you don't want it to get out of your control, are you so much a part of what
makes the prand special.
we think of it every time, every store we open, it's a lot of thought we're strategic, we've had so much rapid growth, it's been measured.
there have been highs and lows, we mentioned you had a legal battle with your ex-husband over his, really, did you hear about that? i guess the question is, i know
you've settled it now. have you really moved on from it? are you two in a place where you are back to getting along and being respectful and this is behind you?
we really have, i never wanted a legal battle, so from the beginning, i always wanted to settle, we have six kids that we love and it's really behind us. it really is. we talk,
we talk about the. he has his own businesses now.
so there is no hard feelings, you don't look at the success of c wonder and say gosh, that's a knockoff or a ripoff.
i always wanted chris to be a success, that was never a part of the conversation.
you had an unconventional path for a designer, i have to show a picture of you as a littlegirl, you kind of had the tory burch being then, you had a hand bag, let's show
the picture of you coming up. i thought to myself, you never had one of those gotm phases, did you?
maybe number i never had the goth fachltz i wore a lot of grateful dead tee-shirt, it was preppy, i always had a different kind of style.
tell me about the from gravenlts it is a rite of passage, you know you are big when you have a fragrance, was it fun?
estee was fun. it was a five-year conversation with them, learn d.c. science of what goes into a fragrance.
can i try it?
i hope you do.
what did you use in it?
we started with bessey bear a big fragrance my father wore, then we put sandalwood, man da rir - mandarine.
in your spring runway, there can be no greater ambition to bring back the fannie pack.
we dont call it that.
when you think of, this is a new passion, it's time has come what is old is new again.
as soon as my mother saw it, we said the belt bag.
tory, thank you for your success, it's great to have you here.
thank you very much.
New Posts
Most Popular
America's Most
Lists
Video
Health World
FORBES 400
America's Richest
People
Log in
Privacy
Sign up
| FOLLOW T
5/22/2013 7:52AM
129,925 views
+ Follow Comments
I Walk down any sidewalk from New York to Shanghai and you'll see women
I wearing ballet flats with Tory Burch's distinctive double-T logo. They're also
I wearing her patterned tunics, handbags, clutches, and bold country club-chic
iTJants, skirts, dresses, and tops. Tory Burch hasn't just made preppy clothes
hip and modern, she's built a multi-billion dollar fashion empire in less than a
decade. And she's leveraging her experience and influence for the greater
good with the Tory Burch Foundation, an organization dedicated to
empowering female entrepreneurs.
Terms
AdChoices
Help
way, like the Oprah Winfrey show "Next BigThing" shout-out that gave her 8
million website hits, and media coverage from her editor friends in the
magazine world.
Luck is important, but the power of networking and collaboration helps you
make your luck.
6. "Be authentic." While talking about her personal life and her children are
off-limits, she is an open book when it comes to her business, her foundation,
and the Tory Burch brand in general. One for instance? When her company
changed operating systems, they endured a glitch-y six-month period where
they couldn't track shipments. But rather than hiding the snafu, Burch
decided to embrace social media and be transparent with customers about
what was happening. The result? Her customers became her advocates.
7. "Buckle up." When you see someone as successful as Burch, it's easy to
view that success as a destination she's reached, instead of an ongoing journey
that takes hard work, creative solutions, handling setbacks, and constant
innovation. Burch admits that being an entrepreneur isn't for everyone: She
works long hours and remembers the early days when her business was
launching when she would put all of her children to bed and then be on the
phone until 4am with her Hong Kong office. "Buckle up, and know that it's
going to be a tremendous amount of work, but embrace it," says Burch.
Setbacks are always going to be theresome of them even bigger than the
challenge of launching a business in the first placeand it's crucial to think of
them as learning opportunities.
+ Comment Now
^ Erjul
+ Follow Comments
Peprinfs &Permissions
i
Ads by Gravity
PROMOTED STORIES
smart device
(shocking)
3 Companies Poised to
Explode When Cable
Dies
Warren Buffett
A Ridiculously Simple
Method to Pay Off
74-Year-Old Reveals
Cheap and Simple
Mortgage
Wrinkle Trick!
Economist: "U.S.
QQ
LOG IN
! SUBSCRIBE
COG
sm
Mexico City's
Layered
andBeyond's CEO
Luxury...
Architectural Lan..
Hollywood
Dynasty: The } \
Brothers
MAGAZINE - TRACKED
Tory Burch
The designer turneda tinylinethat startedin her kitchen into a powerhouse. Now shetakes on Fashion Week, homework
crises and a sprawling emp ^j|2ffi|<QJ faltering smile
m
Q Email
fP Print
na
1 Comment
By ADRIENNE GAFFNEY
VIEWFINDERS
Burch holds one of a string of daily staff meetings in her vibrant orange office. Photography by Kevin
Tachman
LESS THAN 10 YEARS AGO, Tory Burch was a star on the New York social scene,
with an army of six gorgeous children and step-children, a Main Line pedigree and an
Mclftf Wfil
RECOMMENDED STORIES
countless vanity projects of the rich and famous have been born with fanfare only to
Pade into oblivion thereafter. Burch is the exception. With a stacked-T logo as instantly
I recognizable asthose of brands established generations prior, the 46-year-old has
I created an international retail empire, now reportedly worth $2 billion, and has earned
I the respect of her peers.
A Day With Tory Burch
Popular Now
ARTICLES
Liberian's Last
VIEWFINDERS
6
5;40p
Jpm
aeui:r*tstrj>
OltiM*
4:45 pm
6
56
74
View Graphics
- Opinion:
The
Global Warming
Statistical
Meltdown
*- Cuba at
Forefront of Ebola
Battle in Africa
VIDEO
In addition to designing, Burch travels around the globe to promote her brand; leads
the Tory Burch Foundation, which helps mentor female entrepreneurs; and oversees
a brand Web site that rivals the best lifestyle blogs. Following Burch for a day
provides an almost maddening lesson in maintaining the perfect deportment while
balancing late-night fittings, lost homework and an endless stream of meetings.
Fitness Trackers
Inside a Russian
Explore More
Billionaire's $300
Million Yacht
kifc
A Day in the Life of
Tesla Motors
Unveils New
Automated Driving
System
A Day in the Life of Art
Lawyer Joshua Roth
Q Email ^p Print
EQ^iEa
WSJ In-Depth
g^
Cuba at Forefront of
Ebola Battle in Africa
Wellness Programs
Faces French
Challenge
Too? A Potential
Legal Evolution
Arc Chimps
People Too"
Video
New Posts
Log in
Google
Advertising
Aerial Video
google.com/AdWords
Award winning
designbynewton.com
Be Found in More
Houston Ad
Agency
Connect
H H fllj >
anytimemarketinggroup.com
Local
jumpfly.com
Advertising/Marketing
agency Full Service
Professional PPC
Sign up
Management
ForbesLife Staff
idjkjk
5/07/2012 @ 10:00AM
Madder Men
Leonardo Premutico // Johannes Jacobs
Uofounders, Johannes Leonardo
Tweet
directors Jan Jacobs and Leo Premutico. The duo s work has
been lauded by major awards shows such as the Clios and Cannes
Lions, and their 2008 Super Bowl spot for Tide featuring the
talking stain was named among the top 20 Super Bowl ads of
all time by Advertising Age. More recently, the team s talent has
been evident in Google s Re:Brief project. Jacobs s personal
style? I do love a great suit even though I rarely put one on I m
really a beach bum at heart. Premutico defines his simply: jeans,
T-shirt, and a jacket. We need stuff we can be loose in and think
creatively in. Not clothes that we re just wearing for meetings.
RH Shan
{^Jreddlt
Lori Senecal
Qj Submit
^ori Senecal oversees an ad agency that can boast of many iconic
campaigns, from the Snapple Lady to Target s Bullseye.
Since joining in 2009, she has helped client BMW reintroduce The Ultimate
Driving Machine. Previously, she served as president of the New York office
of McCann Erickson, where she worked on major brands, including Xbox and
Elaces
Companies
Help
Coca-Cola. The Montreal native speaks fluent French and wears all black, all
the time. Great advertising is not that different from great style both have
more impact when they are unique, distinctive, and leading edge, she says.
Her style is inspired by Apple, because she loves its clean modern edge,
monochromatic sleekness, and consistency. That goes for her food, too: The
Tribeca resident can be found every Friday evening eating dinner at the bar at
Nobu.
Jerome Austria
Before joining the advertising world, Jerome Austria worked the night shift as
a security guard, drove a gas truck and fueled planes at an airport, and
collected carts in a Costco parking lot. He has since directed an interactive
Nike commercial featuring Rihanna; spearheaded Volkswagen s online
Super Bowl teaser, The Bark Side ; and amassed more than 50
+ show more
international awards for his work. Earlier in his career, Austria spent nearly
three years at Wieden & Kennedy New York, where clients included Coca^ola, Nike, and ESPN. He enjoys checking out the latest curated craziness
by Humberto Leon and Carol Lim at Opening Ceremony in Los Angeles. And
how does he characterize his style? Teenage grown-up.
Emmanuel Andre
David Eastman
David Eastman (left) was an actor before he got into advertising. Post-drama
school in the U.K., he landed a gig in Glengarry Glen Ross. That was as
good as it got, he says. Transitioning to the ad world came through an early
role at Agency.com, a briefly public company that eventually became part of
TBWA. He s now CEO, JWT North America and worldwide digital director,
and has worked with brands such as Johnson & Johnson, British Airways, TVtobile, Mercedes, and Nestle. On Mad Men, he says, everybody wore suits,
even the creatives. There must have been a moment in time when the account
Real-Time
News on
Forbes
Scan the latest news and
people were the only ones who wore suits. To this day, they re called
suits.
His style? A mix of casual and formal. If I try to emulate anyone
it is probably my father. His influences were people like Cary Grant.
Mark Beeching
Worldwide Chief Creative and Strategy Officer, Digitas
agencies are in charge but this time, he thinks it will be small, agile players
making waves. When you watch [MadMen], clients let the big agencies
lead them, he explains. With the smaller companies now, clients are
saying, We want some independent thought.
\jaz Ahmed pays little heed to clothes; he hasn t got time. Efficiencycomes
through a uniform of J.Crew slacks, black cashmere sweater, and Nike SB
line skateboarding shoes. My style is more Silicon Valleythan it is old>chool Madison Avenue, says the cofounder and chairman of digital shop
AKQA. Indeed, style shortcuts are a consequence of industry success. Ahmed
was 21 when he founded AKQA in 1995. Today his global agency counts Nike,
Volkswagen, Google, and Heineken as clients. Early heroes Sir Richard
Branson and Sir Alex Ferguson (manager of football club Manchester United,
rival to Ahmed s beloved Arsenal club) have provided the author of Velocity
(with Nike s Stefan Olander) a blueprint for winning. Ahmed s proudest
wins? When the people you hire achieve success for your clients, he says.
The other ecstatic part of my career is when the ideas that we produce are
of real interest and use to audiences.
Jimmy Smith
3EO and Chief Creative Officer, Amusement Park Entertainment
and Bernie Mac for Nike; BBDO, where he served as executive creative
director for Motorola; and TBWA/Chiat/Day L.A., where he was group
creative director on Gatorade. Smith drove the transformation of Gatorade to
See Also:
Apparel
Welcome, Guest |
Sign In
13 Print
|
NEWS
FOLLOW US ON:
RSS FEEDS
Register
EXECUTIVE ISSUES
TECH INSIGHTS WHITE PAPER UVE EVENTS WEB EVENTS MAGAZINES BUYER'S GUIDE
1 Email Page
p RSS Feeds
'
O Newsletter
EVENTCALENDAR
Bold prints and the double-T logo medallion are hallmarks of the affordable luxury Tory
Burch brand, which appeals to women ranging from working professionals to soccer moms.
As the brand expands its merchandise categories, it continues to gain more attention from
consumers, putting pressure on Tory Burch to guarantee it can meet this demand.
Already planning its chain's assortments according to consumer shopping patterns and
inventory data, the company is working to gain more visibility across its other business
divisions, wholesale and international. By adopting a point-of-sale-based reporting solution
that provides timely visibility into customer demand, Tory Burch is primed to deliver more
precise, tailored product allocations across its enterprise.
Tory Burch set out in 2004 to create a lifestyle concept including ready-to-wear, handbags,
shoes and jewelry. Inspired by her love for art, music, culture and travel, her brand is
synonymous with graphic prints, bold colors and unique, signature detail.
Fast-forward eight years, and Tory Burch is now a brand sold across a 67-store chain, as well
as in 1,000 department and specialty stores, including Bloomingdales, Holt Renfrew,
Nordstrom, Bergdorf Goodman, Shopbop, Lane Crawford and Saks Fifth Avenue, globally.
Managing relationships with these retailers is the job of the company's wholesale division
and is a crucial component of the brand's growth. However, without insight into POS and
transaction data from retail partners, "we're not able to tell how well our products are selling
across their locations," said Mike Giresi, CIO, Tory Burch.
Historically, department and specialty retail partners provided Tory Burch with merchandise
reports, created in Excel, illustrating sales on the size- and color-level, but this data didn't
delve into specific sales across specific stores or regions. Also, sales representatives would
spend four hours weekly, manually combining Excel reports and applying dedicated formulas
just to understand how certain unit colors and styles sold for a specific week across the chain.
These data sources had to be quickly integrated into a central merchandising analysis tool
that users could easily access and use to analyze the selling performance so as to determine
merchandising actions for the coming week.
"It was a time consuming process, and once it was complete in one category, such as readyto-wear, we had to apply the same process two more times once for shoes, and another for
jewelry and accessories," he explained. "Even with this information, we still could not get the
granular data we needed to streamline our assortments."
Tory Burch realized it needed clean and complete retail selling and inventory information, and
that UPC detail was required to competitively plan, adapt and move goods through the chain
faster than ever before. The company required data collection from many types of data
sources and formats that at the time were not available in a timely manner, including retailer
portals, merchant
spreadsheets and PDFs.
To resolve this issue, Tory Burch partnered with Sky IT Group, a New York City-based
company that provides a POS-based reporting program, giving each manager in the
wholesale channel timely visibility into the customer demand and inventory data needed to
drive precise in-season management, synchronized production and delivery cycles, tailored
product allocations and enhanced retailer-vendor collaboration. The SKYPAD platform allows
Tory Burch to drill down to specific information, including particular style, color or size and
WEB EVENTS
View On Demand
Planning in the Omnichannel World with a
Single View of Inventory
5/13/2014 11:00:00 AM (EST)
Moderator:
View On Demand
The wholesale division is live with the solution, and the new process has improved assortment
planning and eliminated the need for a dedicated associate to manage and compile this data.
Tory Burch is currently adding its international operations onto the system.
WHITE PAPERS
gg
The next step is to take the same measures to bring its retail division onto the solution, so
that it can streamline the sales information by category. By having all three operating groups
on the system, the brand will be able to more easily compare sales across its major product
categories week-over-week. Tory Burch went live on all three divisions last summer.
Deena M. Amato-McCoy
Read up on all of the 2012 Top Innovators here, and click here to submit a nomination for
Collaboration: A Retailer's
2013.
Download Now
MEDIA KIT I EDITORIAL BOARD I PRIVACY STATEMENT I TERMS & CONDITIONS I CONTACT US
All materials on this site Copyright2014 Edgell Communications. All rights reserved.
infor
Download >
Q
CBSNews.com / CBS Evening News / CBS This Morning / 48 Hours / 60 Minutes / Sunday Morning /
Face The Nation
Search Video
NEWS'
SHOWS
Escaped hostage:
my God, they're
collecting us"
'Oh
12:54
Comment / f 1 Shares
Texas man believes
same criminal robbed
him twice
01:35
corruption trial
5- Stumble / Email
More +
Ex-Virginia governor
takes stand in his
- 2 Tweets
,.' ';,.,,
classic tunics and popular Reva ballet flats, has taken the fashion
world by storm. Launched only in 2004, she now owns 65
boutiques all over the world. Rita Braver sat down with the fashion
mogul to discuss her family, her career, and got a sneak preview at
an upcoming collection for New York Fashion Week.
Friend of Boston
Marathon bomber
00:41
! '
Affac.
"If
video: "Jes...
Satanists sued by
Oklahoma archbishop
over Black Mass
YOU MIGHT LIKE
01:29
mmSKM
Remembering James
l"3
Foley
r Mm 02:3
Tennessee teen
American ...
Prolific photographer
Bruce Weber takes
on D...
[*
Up close and
personal with the
famed "Blue M...
00:31
iM
Comments
CBSNews.com
Follow Us
Site Map
Help
Contact Us
RSS
CBS Bios
Email Newsletters
Careers
YouTube
Internships
Development Programs
CBS Local
CBSNEWS
1
1.
Advertise
Terms of Use
About CBS
Closed Captioning
5 HABITS
r Successful
sprout social
Download the
FREE Guide*
19
rr
Register | Sign
In
Jobs
SAVE
Lifestyle
LZjSHI'Cl]
Tweet :39
| 0
! 9talt\ o
Sweaters at T.J.Maxx
tjmaxx.tjx.com/Mens
Shop Our New Men's Sweaters! Easy, In-Store Returns. Shop Now.
Latest Videos
1 of 16
Fashion designer Tory burch makes a specail appearance to show her fall line Neiman Marcus, Thursday,
Nov. 3, 2011, in the Galleria in Houston. ( Nick de la Torre / Houston Chronicle )
HJIB1
mm
Tory Burch is curled up on the floor in a dressing room at Neiman Marcus in Houston, looking fresh despite
having just arrived on an early-morning flight.
"I never imagined this," Burch, 45, said, as she tucked her legs underneath her body. "I had a five-year plan of
M0revideos:
three stores. I had a concept, but I didn't realize it would resonate with a lot of women."
hibii^Pb
Tory Burch is one of the fashion industry's fastest-growing companies. The company has about 1,000
employees and revenues expected to top $500 million this year, according to the Wall Street Journal. She's
expanded from her signature elegant tunics and ballet flats to a complete ready-to-wear collection with
accessories, eyewear and a new fragrance deal with Estee Lauder. She hopes one day to design a sportswear
inn
Burch casually mentionsthe upcoming opening of her 61st boutique, in Honolulu's Waikiki. There are 44 Tory
Burch stores in the U.S., including one in the Galleria, and outlet stores in Cypress and San Marcos. There are
15 Good Looking Celebrities
Who Destroyed Themselves
with Plastic Surgery
(She Budgets)
Burch thinks women support her brand because she's one of them. A working mother to three boys and three
stepdaughters, she juggles the demands of running a growing company, designing collections and attending
Seconds
(Blinkx)
6 Stocks to Hold
Forever
Woman Dressed As
wealthyretirement.com/Forever-Stock
(Bossip)
rasn't a good mom, I wouldn't be a good businessperson," Burch said. "You have to have boundaries. My
ren come first no matter what. I take them to school every morning, and I'm home by 6:30 regardless of
(Bankrate)
what's happening."
Bom and raised on a farm in Valley Forge, Pa., Burch grew up a self-described tomboy who liked sports and
hanging out with three brothers. She had little interest in fashion, though her parents were dapper dressers and
Stay Connected
She graduated from the Universityof Pennsylvania with a degree in art history, then moved to New York and
worked in pubic relations and advertising for designers, including Ralph Lauren and Vera Wang. She never
took a design class but drew on her art-history background to launch her company in 2004, with a goal of
delivering beautiful but more moderately priced designer clothing. A Tory Burch dress averages $500, nearly
half the cost of many designer dresses.
"I was such a tomboy, and I still am. Most people don't think of me that way. Ifyou look at the collections, it
comes through. I'm always interested in the feminine-meets-masculine. It's easy wear that's not fussy but
Lifestyle
classic."
In 2005, Burch appeared on The Oprah Winfrey Show as one of Winfrey's "next big things" in fashion.
It was the golden touch and generated nearly 8 million hits on Burch's website the next day.
Ken Downlg, fashion director for Neiman Marcus, described Burch's collections asa "nod to the past while
redefininglhe future."
"She loves her mother as much as I love my mother, and we use our mothers for inspiration," Downing said.
Burch's hugely popular ballet flats, which retail for $195-$235, are named for her mother, Reva.
But the foundation of Burch's brand is her logo, two graphically styled T's. The logo has shaped Burch's concept
In June, Tory Burch won $164 million in a lawsuit against 232 websites (including ToryBurchOutletShop.com,
LouboutinTime.com, and JimmyBoots.com) selling counterfeit Tory Burch flats, handbags and accessories. The
award is thought to be the largest sum of damages ever issued to a fashion company in the ongoing battle
against online counterfeiters, according to Women's Wear Daily.
O
Stylish finds at Bayou
City Art Festival
"At the beginning, the knockoffs were a form of flattery," Burchsaid. "Butat the end of the day, they hurt our
Perks of super-luxury
jet-setters
Women of Distinction
Halloween proves
business. You shut one website down, and another pops up. They do their own Tory blogs. We even caught
someone in Times Square making our logos with a machine and putting it on bags. It's an ongoing fight, but this
suit is an exciting first step."
Burch's fall collection features a mix of English-country looks with glamorous bow-tie blouses and fur trimmings.
She mixes navy and black and does a sleek three-piece suit, which incorporates a vest into the jacket's design.
Bright colorcontinues to be an integral part of her aesthetic, from store interiors to the collections. Her tunics
and caftans have a relaxed feel for vacation or everyday wear.
"I live in color. My apartment has color, and itjust elevates your mood. I'm happy women love color as well."
Her passion extends well beyond the runway. In 2009, she started the Tory Burch Foundation to offer micro
loans and mentoring to women across the country.
Ifthe spirit of philanthropy carries over to her children, Burch would be proud.
"I have three boys, and I want to teach them about women's issues and everything women have endured and
continue to endure," she said. "To have men support those issues is a great thing."
joy. sewing@chron. com
Social Media
College
Compliance
announced at Saks
soiree
Online
nexgate.com
pell-grants.educationgrant.com
christianeducation.com
fp~\
Sponsored Content
Tweet .39
\<fHnU.\
adventure
nan
Email Me
Most Read
AARP
We Recommend
B3Q
UPDATED:
3YEARSAGO
By Terri Sapienza
I
I
I
Lifestyles
ADD A COMMENT
FASHION
Home
North Korean leader Kim Jong Un's absence raises health questions
LIFESTYLES
Subscribe
Low: 47
Newsletters
High: 72
Customer Care
5-Day Forecast
FurnitureRow.com
Furniture Row
Now: 44
SPORTS
BIZ
A&E
LIFE
blue.
Burch's boutiques aren't just about glamour; they're surprisingly homey, too.
her stores.
to population increase
Designer Tory Burch attends the Tory Burch and HBO launch
NEWS
HOUR
DAY
MOST POPULAR
attend.
A: I would love to do home at some point, but it's a tough business. I'm looking into it. We'd have
tabletop, linens, sheets, picture frames, wastebaskets and fabric.
Q: Is there a Tory Burch home collection in the future? If so, what would it include?
less.
I like auctions as well, smaller boutique auctions around the country, which are more accessible
than the bigger, well-known auction houses. You can find beautiful things and the prices are often
A: I live on 1st Dibs late at night, after I put my boys to bed. It's an addiction. You can find
everything and anything there.
It's energizing.
A: Since I was a little girl it's been my favorite color. It's just a happy, powerful color.
A: So many different things. From interior designers like Madeleine Castaing and David Hicks to
traveling. I love traveling and taking my boys with me. I love mixing texture and color and fabrics
and cultural elements. I think it's interesting to not have one distinct style but an evolving style
A: It's organic, and it's always evolving. Daniel and I are great friends. We worked on my
apartment and my Southampton (N.Y.) home. We know each other quite well. With each store we
open, we want it known that it's ours, but we also take each location into consideration. The stores
have a common vein, but from a design standpoint each has its own unique feel. I want customers
to visit stores around the world and have a different feeling when they walk in.
each shop?
which are similar but not identical. How do you guys come up with the concept for
Q: You collaborate with designer Daniel Romualdez when designing your boutiques,
company.
A: I love interiors and home and architecture and design. Interior design has been a big part of the
brand from the beginning. I was working on my apartment when I was conceptualizing the
Q: How does interior design figure into the vision of your brand?
"We wanted a place that wasn't intimidating and where people would feel comfortable," says
Burch, 45, who grew up in Valley Forge, Pa. "To me, there's nothing worse than walking into a
store and feeling like it's too precious. We think it's a big compliment when people just want to
hang out." We spoke to Burch by phone from her office in New York to discuss her interior design
Featured Businesses
HOMEPAGE
TODArS PAPER
VIDEO
MOST POPULAR
U.S.
SUBSCRIBE NOW
EbrjN'rtoiJotkEimrs
WORLD
TIMES TOPICS
N.Y. / Region
N.Y. / REGION
BUSINESS
TECHNOLOGY
SCIENCE
HEALTH
SPORTS
OPINION
ARTS
STYLE
TRAVEL
JOBS
V]Si:|OHVS
vjy r\ivL-Ksn i
V^SQ'^PinDaflon;81!10
Open less than a year, the Lambs Club in the lobby oftheChatwal
Hotel has become a go-to lunch spot for the fashion set and the news
media that cover them. Nestled along 44th Street east of Broadway
and not far from the Royalton, where the chef Geoffrey Zakarian fed a
similar crowd back in the late 1980s, the stylish black-and-red Art
TWITTER
LINKEDIN
PRINT
REPRINTS
SHARE
Deco room is named for the theatrical club once housed in the
BIRDMAN
MOST EMAILED
IN THE SEATS Tory Burch, the designer behind the near-ubiquitous double-T logo ballet
flats, wearing a graphic black-and-cream blouse from her collection; and Mark Holgate,
the fashion news director of Vogue.
1.
2.
Small Plates
ART REVIEW
ON THE PLATES Chicken paillard with farro and walnut salad ($24), declared by both
to be possibly the best they had ever had, and a Diet Coke ($4) for Ms. Burch. "No vodka
3.
PAUL KRUGMAN
Secret Deficit Lovers
MOST VIEWED
WHAT THEY TALKED ABOUT One of these stores, which is to be her "global
flagship," Ms. Burch said, and the third in New York City, set to open in August at Madison
Avenue and 68th Street; plans for an event there on Sept. 8 for Fashion's Night Out, a
celebrity-studded shopping extravaganza organized by Vogue, the Council of Fashion
Designers of America and NYC & Company, which is the city's tourism arm; and summer
6.
OP-ED CONTRIBUTOR
8.
GRAY MATTER
A version of thisarticle appeared in print on June 26,2011, on page MB2 ofthe New Yorkedition with the headline: Where
PRINT
REPRINTS
Go to Complete List
Show My Recommendations
Burch, Tory
Holgate, Mark
Fashion and Apparel
Lambs Club
what's this?
Ads by Google
wines
sunrun.com
Ads by Google
kalamazoogourmet.com/pizza-ovens
Home Wodd
U.S. N.Y./Region
Business
Technology
Science
Health Sports
Site Map
i 2011 The New York Times Company Privacy Your Ad Choices Terms of Service Terms of Sale Corrections QlSS Help Contact Us Work for Us Advertise
1- tory burch
The famous double T LOGO a ballet shoes is Tory Burch's most famous products. It appearance
is in the United States show "Gossip Girl". Founded in February 2004, so far, the Tory Burch
products in the U.S. has, Europe, and Asia home independent boutiques, 50 stores toryburch
websites, and global selection of the more than 500 stores and stores sold them.
tory burch, tory burch flats, tory burch outlet,tory burch boots, tory burch sandals
by angela flower June 11, 2011
14
Merch
Random Word
SHOP NOW
Authentic Modern Design
for Your Home
EXHIBIT 17
VK^
FOR: BACKPACKS; BEACH BAGS; BUSINESS CARD CASES; COIN PURSES; DOG COL
LARS; DOG LEASHES;OVERNIGHTBAGS;PET CLOTHING;WALLETS; WRISTLETBAGS
, IN CLASS 18 (U.S. CLS. 1,2,3,22 AND 41).
TRADEMARK
FIRST USE 10-31-2008; IN COMMERCE 10-31-2008.
PRINCIPAL REGISTER
OWNER OF U.S. REG. NOS. 3,024,142,3,563,326 AND OTHERS.
THE MARK CONSISTS OF AN UPRIGHT "T" DIRECTLY BELOW AN INVERTED "T" ALL
SURROUNDED BY A CIRCLE.
Certificate of Registration
ThisCertificate issued under the sealofthe Copyright
t>-J2*2**.
Ldi^M^
1870'
RegistrationNumber:
VA 1-655-228
Effective date of
registration:
December 22,2008
Title
TMeofWork: LUX T JACQUARD
Completion/ Publication
Year of Completion: 2006
Date of 1st Publication: November30,2007
Author
2-D artwork
Yes
United States
Domiciled in:
United States
Copyright claimant
CopyrightClaimant: Tory BurchLLC
11West 19th Street, 7th Floor,New York, NY, 10011, United States
Certification
Name:
SethRKertzer
Page 1 of 1
IPN#:
Registration #:
VAOOOl 655228
Greenberg Traurig,LLP
G. Roxanne Elings
200 Park Ave.
34th Floor
,
"'
.;,*-;.. |
.' '
'*
%:'t
M
''+<
'<*.-':
lt \
V....;... ;.
*='. . j
,;v;;
1 *
%
.1 .
"i
,e,/'-*t
L&
nniiTriiiT
aa
CREATED BY:
FALL 07
inJm i
1 y*^*<M