A New York court recently pierced the corporate veil and
refused to dismiss Burberry Limited / Burberry USA's complaint against an
Burberry commenced the action against Asher Horowitz, the
sole owner and officer of Designers Imports, which operated
www.designersimports.com. Burberry alleged that in order to frustrate the enforcement of an earlier counterfeiting / trademark judgment, Horowitz dissipated Designers'
assets by depleting its funds and conveying www.designersimports.com to RTC
It was undisputed that Horowitz was the sole shareholder,
officer and director of Designers and the sole shareholder, officer and
director of RTC. The allegations regarding Horowitz's domination and control of
In Burberry Ltd. v RTC
Fashion Inc., 2012 N.Y. Misc. LEXIS 4099 (N.Y. Sup. Ct. Aug. 17, 2012) [enhanced version available to lexis.com subscribers],
the Supreme Court, New York County, refused to dismiss the complaint against
Horowitz. In piercing the corporate veil, the court noted that:
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