FREE DOWNLOAD: Fashion Complaint - Devi Kroell Inc & Azzurro Capital Inc vs. Gracelia Chiurazzi, 650400-2011 (N.Y. Gen. Term 2/15/11)

On February 15, Devi Kroell Inc. and Azzorro Capital Inc. v. Graciela Chiurazzi was filed in the New York Supreme Court, New York County. The plaintiffs are investors in the business of Ms. Chiurazzi, a/k/a Devi Kroell, who as part of the investment transaction assigned IP and publicity rights associated with the "Devi Kroell" mark to plaintiffs and entered into a Stockholders' Agreement, Investment Agreement and Employment Agreement, all containing non-compete covenants and retaining the right to use "Devi Kroel" for "day to day personal, non-commercial affairs" and for certain business ventures deemed non-competitive. A few years afterwards, Ms. Chiurazzi resigned and attempted to launch a new fashion line under the mark "Dax Gabler" but promoted using the name "Devi Kroell," including at the recently concluded Mercedez-Benz Fashion Week. Plaintiffs brought this suit, alleging breach of contract and common law unfair competition. Interestingly, the plaintiffs chose to file in state court on state causes of action rather than in Federal Court alleging trademark infringement. The facts of this case are reminiscent of the Joseph Abboud case, except that Devi Kroel is not Ms. Chiurazzi's real name but a d/b/a, a nom d'aiguille.

Please click on the link at the top of the post to view or download the entire complaint from Devi Kroell Inc & Azzurro Capital Inc vs. Gracelia Chiurazzi, 650400-2011 (N.Y. Gen. Term  2/15/11)


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Attachment: Devi Kroell Inc & Azzurro Capital Inc vs. Gracelia Chiurazzi.pdf