October 11, 2013
Law360 reported on Kelley Drye’s representation of Ralph Lauren in the article “US Polo Broke Trademark Deal, Ralph Lauren Says.” The article discusses that Ralph Lauren has filed a complaint against the U.S. Polo Association Inc. on the grounds that USPA is refusing to abide by a 2003 settlement governing the use of the company’s mounted polo-player trademark. According to the complaint filed in a New York federal court on Thursday, October 10, the 2003 settlement agreement, among other things, provides that USPA and its licensees may use certain marks only if they complied with restrictions including a prominent disclaimer stating “Not affiliated with Polo Ralph Lauren Corp.” on any goods bearing those marks. Ralph Lauren is claiming that USPA and its master trademark licensee in India, Arvind Ltd have breached the settlement agreement by selling products with hangtags and marks that do not sufficiently display this disclaimer and are thereby developing their business by utilizing Ralph Lauren’s intellectual property. Ralph Lauren is asking the court to enforce the 2003 settlement and award them damages for USPA’s and Arvind’s alleged breach of contract.
The article notes that Kelley Drye is representing Ralph Lauren in this matter. The team on the case includes partner Andrea L. Calvaruso and associate Melissa E. Byroade.