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Phillips Nizer Press Release

FOR IMMEDIATE RELEASE
January 26, 2005
Contact:

Andrew Tunick
(212) 841-0557

GIANNI VERSACE WINS PERMANENT INJUNCTION AND 
DEFAULT JUDGMENTS AGAINST INFRINGERS

NEW YORK – On Friday, January 21, a Federal District Court granted Gianni Versace S.p.A.’s motion for a permanent injunction and default judgment against Alfredo Versace in a trademark infringement litigation.  The 18-page opinion by Senior District Judge Peter K. Leisure of the U.S. District Court for the Southern District of New York describes the Milan-based fashion house’s successful battle against aggressive and persistent efforts to profit wrongfully from Gianni Versace’s world-famous name and marks, including its Medusa logo.  The injunction will ban Alfredo Versace and others from using “Versace” entirely. 

Responding to Alfredo Versace’s claim that this was a “death sentence,” Judge Leisure concluded: “The Court is no longer willing to entertain such pleas from Alfredo.  The time for words has passed.  Actions are the true measure of a party’s intentions and Alfredo has failed to act in a manner that assures this Court that he will end his infringing conduct in the future.  Indeed, Alfredo continues to exhibit no interest in establishing an enterprise in which his own skill can be made known to the public.” 

Judge Leisure previously had found Alfredo Versace in contempt of court for violating preliminary injunctions in the case, had stricken various of his pleadings for failure to comply with prior Court discovery orders and had awarded more than $130,000 in attorneys’ fees and costs against him in connection with the contempt and discovery motions.

The January 21 decision addressed three related trademark infringement litigations involving Alfredo Versace and other entities.  In addition to the permanent injunction, Judge Leisure granted Gianni Versace’s motion to consolidate the three litigations, granted default judgment against Alfredo Versace in one of the cases and granted default judgment on liability against him in a second case.  Summary judgment for injunctive relief previously had been granted against Alfredo Versace in the third case.  A permanent injunction also was granted against L’Abbigliamento, Ltd., of Lawrence, NY.  Each of the other parties in the three cases either already had settled with Gianni Versace or is the subject of a default judgment.

Alfredo Versace has claimed to be related to Gianni Versace, but has failed to prove this again and again.  Gianni Versace S.p.A. adamantly denies the existence of any such relationship.

Gianni Versace S.p.A. was represented on the motion by David Jacoby, Andrew J. Tunick and Elizabeth A. Adinolfi of Phillips Nizer LLP, New York, NY.

 

Note: A copy of Senior District Judge Peter K. Leisure’s decision is available on request.  The three litigations related to this matter are: A.V. By Versace, Inc. v. Gianni Versace S.p.A. and Alfredo Versace, 96 Civ., 9721; Gianni Versace S.p.A. v. Alfredo Versace and Foldom International (U.S.A), Inc., 98 Civ. 0123; and Gianni Versace S.p.A. v. Alfredo Versace et al., 01 Civ. 9645.