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INTERNATIONAL DESIGN CONCEPTS, LLC v. SAKS INC.

No. 05 Civ. 4754(PKC).

486 F.Supp.2d 229 (2007)

INTERNATIONAL DESIGN CONCEPTS, LLC, Plaintiff, v. SAKS INCORPORATED and Saks Fifth Avenue, Inc., Defendants.

United States District Court, S.D. New York.

March 27, 2007.

Attorney(s) appearing for the Case

Donald L. Kreindler, Phillips Nizer LLP, Jeremy David Richardson, New York City, for Plaintiff.

Michael Robert Gordon, Brian David Koosed, Kirkpatrick & Lockhart Preston Gates Ellis, LLP, New York City, for Defendants.

Richard G. Tashjian, Bradley M. Rank, Tashjian & Padian, New York City for Intervenor Plaintiff.

MEMORANDUM AND ORDER

CASTEL, District Judge.

Under a licensing agreement between Apparel Group International ("AGI") and Oscar de la Renta, Ltd. ("Oscar"), AGI was permitted to sell products bearing the Oscar trademark to defendants Saks Incorporated and Saks Fifth Avenue, Inc. (collectively, "Saks"). Saks is alleged to have improperly imposed various chargebacks and improperly taken vendor markdown allowances causing damage to AGI. AGI defaulted...

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