Marksmen helps Debevoise & Plimpton LLP Win Verdict in Kate Spade Saturday Trial
July 25, 2013 — Marksmen, a worldwide leader in brand protection services, was called on recently by David H. Bernstein of Debevoise & Plimpton LLP, outside counsel to Kate Spade LLC, in its trademark litigation against Saturdays Surf NYC.
Saturdays Surf NYC, a menswear brand based in New York, sued to enjoin Kate Spade from launching its new brand, Kate Spade Saturday. Debevoise hired Marksmen to purchase dozens of third party “Saturday” products in the marketplace to show, as part of the extensive discovery in the case, that the field of “Saturday” marks was a crowded one and that Saturdays Surf NYC had no exclusive rights in the name “Saturdays.” Marksmen investigator Kate Schrader successfully weathered a painstaking deposition about each and every one of her purchases. Her deposition testimony, along with many of the Saturday products that she purchased, were presented at trial and proved central to Mr. Bernstein’s argument in court that Saturdays Surf NYC had failed to show that it has exclusive rights in the name “Saturdays” and that “Saturdays” was a weak trademark for clothing.
Six days after trial, Judge Cedarbaum issued a verdict in Kate Spade’s favor. Specifically relying on the evidence of other “Saturday” products in the marketplace, the Court held that, because “Saturdays” is a commonly used word in trademarks, including for apparel, Saturdays Surf NYC failed to establish trademark rights in “Saturdays.” The Court also found that Saturdays Surf NYC had failed to show any confusion with the Kate Spade Saturday mark. The Court thus entered judgment in favor of Kate Spade, clearing the way for the continued roll out of the Kate Spade Saturday brand.
Founded in 1998, Marksmen has inexorably become a worldwide leader in IP protection services including trademark clearance and enforcement investigations, third party patent infringements, establishing and locating prior art, worldwide litigation support and Internet related issues. Additionally, Marksmen negotiates for the purchase or sale of IP rights internationally and monitors the Internet for brand infringement and defense.