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In 2005, Chloe sued Queen Bee of Beverly Hills, a retailer that, according to its website, claims to sell "authentic European designer accessories." An administrative assistant at the law firm representing Chloe ordered a Chloe-branded handbag from Queen Bee, paid $1,200 (plus $40 shipping and handling), and had it delivered to her address in New York. The handbag was found to be fake.
Chloe subsequently sued Queen Bee and Simone Ubaldelli, the employee who ordered the fake handbags from the retailer's supplier; Ubaldelli convinced a California court to dismiss the charges for "lack of personal jurisdiction." But just because the case was dismissed in California doesn't mean Ubaldelli is getting off scot-free in New York. A federal court in Manhattan reversed the California decision:
"Ubaldelli's single act of shipping an item into New York, combined with the affiliated business's substantial activity involving New York, gives rise to personal jurisdiction over Ubaldelli," Judge Peter Hall wrote, reinstating the trademark infringement claims against Ubaldelli.Queen Bee and Ubaldelli are facing allegations that the company sold at least 52 counterfeit Chloe products in New York. Who knows how many other states and customers were affected. Have you ever purchased anything from Queen Bee? Tell us about your experience in the comments.
· Counterfeit Handbag Case Revived by 2nd Circuit [Courthouse News]
· Chloé, A Division of Richemont North America, Inc., Chloé, S.A.—Plaintiffs-Appellants, ABC—Plaintiff, v. Queen Bee of Beverly Hills, Llc, Rebecca Rushing, also known as Rebecca Grelier, Mohamad Alexander Zarafshan, also anown as Alexander Zar, Jennifer Suns, Suneye Productions, Inc. Def, 2-20 John Does—Defendants, Simone Ubaldelli—Defendant-Appellee, Docket No.: 09-3361-cv [Law.com]