September 8, 2005 – Crosby & Higgins LLP Settles Second Infringement Suit Against Kohl’s
September 8, 2005
Crosby & Higgins LLP has successfully settled another trademark infringement and trademark dilution action it recently brought against Kohl’s department stores on behalf of the Virginia clothing company Peace Frogs. Kohl’s has over 600 department stores across the Country. It was the second trademark suit the firm has filed against Kohl’s on behalf of Peace Frogs. This latest action alleged that Kohl’s had once again promoted, marketed, and sold clothing items in violation of Peace Frogs’ registered trademark rights. In doing so, the new suit alleged, Kohl’s had also violated a standing “consent judgment” resolving the earlier infringement suit against Kohl’s. Under the consent judgment Kohl’s had agreed, among other things, never to market or sell clothing that contained both the words “frog” and “peace,” or any recognizable image or symbol for either term. Among the items Kohl’s had been selling in violation of the consent judgment, the new suit alleged, were children’s wear being marketed and sold by Kohl’s under the name “peace frog” and which contained an intertwined image of a frog and the familiar circular peace symbol. The terms of the new settlement are confidential.