Burberry Can't Sue Knockoff Rival, 2nd Circ. Says

Law360, New York (August 28, 2013, 7:11 PM EDT) -- Fashion label Burberry Ltd. cannot privately sue the owner of a retailer it already won a $2.5 million trademark counterfeiting case against, the Second Circuit said Wednesday.

A three-judge panel said it would not allow Burberry to pursue a case against Asher Horowitz, whose company DesignersImports.com USA Inc. lost a counterfeiting case brought by Burberry in 2010.

Burberry knew that Horowitz was Designers Imports owner and CEO when it brought the suit against the company, and cannot now bring claims against him that it could have...
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