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‘Scorched earth’ trademark case by Fossil, Michael Kors will go to trial in US

By Melissa Ritti ( April 8, 2025, 12:59 GMT | Insight) -- A newly unsealed decision shows Fossil Group and Michael Kors winning only a partial summary judgment last month in their trademark case against an e-tailer. US District Judge Hector Gonzalez of the Eastern District of New York said that although the brand owners’ representations to Amazon are protected by the legal, moral, and common interest privileges, thereby defeating Angel Seller LLC’s counterclaim of defamation, it remains unproven that the accused watches were, indeed, counterfeits. That sets the stage for a battle-of-the-experts at the parties’ upcoming trial.Fossil Group and Michael Kors must prove at trial Angel Seller LLC and owner Eric Sternberg are liable under the Lanham Act for selling alleged fake watches online....

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