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CHLOÉ v. QUEEN BEE OF BEVERLY HILLS, LLC

Docket No. 09-3361-cv.

616 F.3d 158 (2010)

CHLOÉ, a Division of Richemont North America, Inc., Chloé, S.A., Plaintiffs-Appellants, ABC, Plaintiff, v. QUEEN BEE OF BEVERLY HILLS, LLC, Rebecca Rushing, also known as Rebecca Grelier, Mohamad Alexander Zarafshan, also known as Alexander Zar, Jennifer Suns, Sun-Eye Productions, Inc. Def, 2-20 John Does, Defendants, Simone Ubaldelli, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2010.

Attorney(s) appearing for the Case

Milton Springut (Tal S. Benschar, on the brief), Kalow & Springut, L.L.P., New York, NY, for Plaintiffs-Appellants Chloé, et al.

Michael Konopka, Esq., New York, NY, for Defendant-Appellee Simone Ubaldelli.

David H. Bernstein, Christopher J. Hamilton, Debevoise & Plimpton LLP, New York, NY; Steven B. Pokotilow, Stroock & Stroock & Lavan LLP, New York, NY; John W. Crittenden, Cooley Godward Kronish LLP, San Francisco, CA, for Amicus Curiae International Trademark Association.

Before RAGGI and HALL, Circuit Judges, and CARMAN, Judge.

HALL, Circuit Judge:

Plaintiffs-Appellants Chloé and Chloé, S.A. (together, "Chloé") brought suit in United States District Court for the Southern District of New York (Holwell, J.) against, inter alios, Defendant-Appellee Simone Ubaldelli ("Ubaldelli") (collectively, "Defendants").1 The amended complaint alleged violations of sections 32(1) and 43(a) of the Trademark Act of 1946, 15 U.S.C. § 1051,

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