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December 30, 2014

Pardalis & Nohavicka case featured in today's New York Post. Fashion, Licensing and Trademark Law

PN client Vanessa Destin, 25, and her younger brother, Smiley Destin, are Haitian immigrants who shared an interest for business and a passion for fashion that led them to be the proud owners of a Queens-based clothing brand called AuFutur (pronounced Ooo-Fee-Tuur), which is a French term that means seeing and placing things in the future.

The AuFutur logo was designed by Vanessa and her brother to symbolize that there are no wrong answers; the XX's as eyes represent any person's point of view. The AuFutur mark became a hot seller immediately, however, this same logo was misappropriated by chain store conglomerate V.I.M, who began selling clothes bearing the AuFutur mark without Vanessa's permission in Sept. 2014.

Our firm filed suit in The United States District Court for The Eastern District of New York for Trademark infringement and misappropriation of Aufutur mark.

The purpose of the Trademark law is to protect and encourage creativity. This is a classic case of the corporate behemoth taking what does not belong to them, with complete disregard of the rights of a smaller, vulnerable intellectual property owner. The law just does not allow that.

AuFutur clothing: www.AuFuturClothing.com starting January 2015.

By: Ashley Serrano, Pardalis & Nohavicka, LLP

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