Perelman’s Daughter Leads a Nasty Legal Brawl

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Perelman’s Daughter Leads a Nasty Legal Brawl

Ronald Perelman, with his and Claudia Cohen’s daughter, Samantha.Clint Spaulding/PatrickMcMullan.comRonald Perelman, with his and Claudia Cohen’s daughter, Samantha.

Samantha Perelman, a 23-year-old student at Columbia University, will be at the center of a nasty family battle in a New Jersey courtroom this week.

She’s a legal novice, but she won’t be lacking for advice. Her father is Ronald O. Perelman, the 70-year-old financier and chairman of the cosmetics company Revlon, whose own fortune is estimated at roughly $14 billion. For his part, Mr. Perelman has never shied away from a court fight, having sued companies, ex-wives and a former business partner.

For years he waged war with Samantha’s uncle James Cohen, the head of Hudson Media, magazine and newspaper wholesaler whose name is emblazoned across stores in dozens of airports around the country, charging Mr. Cohen siphoned hundreds of millions of dollars out of her inheritance. Now his daughter is leading her own charge, with her father picking up the bill.

All told, it has been an ugly legal brawl that has conservatively cost at least $60 million in legal bills so far, according to lawyers on both sides.

Like disputes over the estates of Leona Hemsley and Brooke Astor, this is a fight made for the gossip pages — all the more fitting given that Ms. Perelman’s mother was Claudia Cohen, a former columnist for The New York Post’s Page Six.

Until her death in 2007, Ms. Cohen was an heir to the fortune amassed by her father, Robert B. Cohen, the founder of Hudson Media. Ms. Perelman estimates that her share of the estate would have been valued at almost $700 million when her grandfather died last year, but for the actions of her uncle.

Mr. Perelman first sued Robert Cohen in 2008, but lost. In the latest round of litigation, in the New Jersey Superior Court in Hackensack, N.J., his daughter argues that her uncle, James, preyed on her sick grandfather before he died in February 2012, using “undue influence” over the 86-year-old to reduce her mother’s inheritance.

Ms. Perelman is arguing that the court should validate a 2004 will that she says would have left her mother, and ultimately her, hundreds of millions of dollars. While her mother died before her grandfather, the 2004 will said that in the event of Claudia’s death, Samantha was to inherit her mother’s share of the estate.

The nonjury trial of her lawsuit, before Judge Estela M. De La Cruz, has a witness list of more than 40 people and could take weeks to hear.

A Hudson Media stand in Grand Central Station.Yana Paskova for The New York Times A Hudson Media stand in Grand Central Station.

She and her father are nothing if not determined. Mr. Cohen’s lawyers say Mr. Perelman’s lawyers turned down a $100 million settlement offer in 2007, a claim that Ms. Perelman’s lawyers deny.

“What he did was greedy and not nice,” said Ms. Perelman in a videoconference interview from her father’s yacht off the shore of Greece. Ms. Perelman, who worked this summer as a production assistant on the set of the HBO show “Girls,” and is studying for a master’s in business administration, says that despite her father’s wealth her mother always wanted her to be provided for separately and she would be “incredibly heartbroken and angry to know her brother deceived her.”

Mr. Cohen, in court documents, said Ms. Perelman’s claims are “nothing short of galling” and were simply an attempt by Mr. Perelman to get a piece of Hudson Media. (Mr. Perelman said that was not true and that he “does not stand to gain anything from this litigation.”)

Mr. Cohen added that the stress of dealing with Mr. Perelman’s earlier lawsuits shortened his father’s life.

As for his niece, Mr. Cohen said his father’s decision to reduce her inheritance in the years before he died were a “rational response by him to the indignity and emotional pain” he suffered from the Perelmans’ litigation.

“My ex-brother-in-law is using Samantha as a tool to further his own gains,” he said in an interview.

The bitterness extends well beyond the courthouse. There is a legal agreement barring Mr. Perelman from entering the Cohen family’s house in Palm Beach, Fla. The Cohen family said that after Ms. Cohen’s death, Mr. Perelman crashed a family bar mitzvah and spent most of the celebration assessing Robert Cohen’s capacity, who at the time was in a wheelchair. (Mr. Perelman, who accompanied his daughter, who was invited, said he stayed only for cocktails and was not sizing him up.)

The Perelman side has its own extralegal criticisms of James Cohen, pointing to what it considers his conspicuous consumption — Mr. Cohen’s 25,000-square-foot house in Alpine, N.J., that includes 15 bathrooms and 13 fireplaces, according to a 2007 feature in Architectural Digest.

The legal clashes and mudslinging have their roots in happier times. Mr. Perelman met Claudia Cohn in 1984 at Le Cirque; a year later they were married. Samantha, the couple’s only child together, was born in 1990.

But four years later, the couple filed for divorce. Ms. Cohen received a healthy settlement, roughly $80 million, but the split, which played out in New York’s tabloids, was acrimonious.

In 2001 Ms. Cohen discovered she had cancer. She and Mr. Perelman had become friends again, and he spent millions of dollars trying to find a cure for her. In 2007, just before she died, Ms. Cohen changed her will to make Mr. Perelman, rather than a close friend of hers, executor of her estate.

Sparks flew immediately between the two families. Ms. Perelman said that just weeks after her mother’s death, her uncle tried to buy out Claudia Cohen’s stake in a partnership that controlled the Cohen family’s house in Palm Beach. She said the timing was hurtful, and he lowballed the price.

James Cohen’s legal team said that the Cohens were only observing the terms of the partnership and that the discussion was prompted by a call from one of Mr. Perelman’s lawyers, an allegation Mr. Perelman’s lawyers deny.

The wrangling uncovered a money transfer that is central to Ms. Perelman’s lawsuit. In 2008 the Cohen’s sold Hudson Media’s retail operations to a private equity firm, a sale that both sides agree resulted in a payment of roughly $600 million to Mr. Cohen.

Ms. Perelman says a big chunk of this money should have gone to her grandfather and when he died, it would have gone to her under the provisions of the 2004 will. Furthermore, she contends that her uncle was siphoning assets for years out of Hudson Media and into a company he alone controlled, further reducing her inheritance.

James Cohen said he owned about 90 percent of the assets that were sold, and was entitled to the cash. Separately, he said his father’s estate planning, dating back to the 1990s, intended for assets to be transferred to him.

Ms. Perelman claims her uncle has not paid taxes on any of the asset transfers, an allegation that Mr. Cohen says it not true.

In 2008, Mr. Perelman, in his capacity as executor of his ex-wife’s will, filed a flurry of lawsuits against Robert and James Cohen, the main one claiming that Robert had made an oral promise to Claudia before 1978 to leave half his fortune to her.

Robert B. Cohen, the founder of Hudson Media, who died in February 2012.James Cohen, via Associated PressRobert B. Cohen, the founder of Hudson Media, who died in February 2012.
Claudia Cohen and Ronald Perelman in 1987. The couple divorced acrimoniously in 1994, but later rebuilt their friendship.Ron Galella/WireImage, via Getty Images Claudia Cohen and Ronald Perelman in 1987. The couple divorced acrimoniously in 1994, but later rebuilt their friendship.

By now Robert Cohen was suffering from a debilitating neurological disorder called progressive supranuclear palsy, which can cause problems with thinking and even swallowing. Mr. Perelman’s team argued Robert lacked capacity to change his will and James used his influence over him to begin bleeding his father’s estate.

Mr. Cohen, in a weakened state, was deposed in this case. The videotapes of his testimony, which are expected to play a role in the trial that starts this week, show Mr. Cohen struggling to answer basic questions. Some of his answers, when he croaks yes and no, are clear. At one point he blurts out an expletive to describe the lawsuit Mr. Perelman has brought, demonstrating an understanding of the proceedings. There are also hours of tape that are seemingly unintelligible.

“In what year did you last change your will?” he is asked. He lets out a number of unintelligible grunts. “Did you say 2008?” an interpreter paid for by the Cohen family asks.

This round didn’t go well for Mr. Perelman. He lost on all but one count and a judge penalized his legal team $1.9 million for filing a “frivolous claim.” She also found Mr. Cohen was “functionally competent” and added that he might again decide to change his will, “since he has the capacity to do it at any time.”

One claim, that James used undue influence over his father to change his will, was dismissed. Since Robert was alive, he was the only person who could make that claim against James, the court found.

Now that Robert Cohen is dead, Ms. Perelman is bringing that claim, contending her uncle was heavily involved in his father’s estate planning for years, making changes that consistently benefited him at her mother’s — and her — expense.

Mr. Cohen’s response: “There are no witnesses who will say I unduly influenced my father, because I did not.”

A version of this article appears in print on 09/17/2013, on page B1 of the NewYork edition with the headline: Like Father, Like Daughter.

Billionaire Tony Hsieh Says ‘Take The Money You’d Spend On College And Start A Business’

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Billionaire Tony Hsieh Says ‘Take The Money You’d Spend On College And Start A Business’

Billionaire Tony Hsieh Says ‘Take The Money You’d Spend On College And Start A Business’

Having sold one company for over $200 million and another for over $1 billion before the age of 40, Tony Hsieh knows a little something about making money.

And despite the fact that college is often romanticized as the “best years of your life,” it’s increasingly becoming known as some of the more costly as well, a fact which is likely to have played in Hsieh’s mind when provided this message for students: “I actually encourage them to take the money they would’ve spent on college to start businesses instead, if their ultimate goal is to be an entrepreneur.”

Hsieh, who earned a degree in computer science from Harvard, offered this advice during an ABC interview with Barbara Walters on “20/20″ two years ago.

Hsieh, along with his billion-dollar company Zappos, with which he on stayed as CEO after selling the shoe-selling enterprise to Amazon, has been in the news recently as he leads a charge to revitalize a downtown district of Las Vegas.

The Ivy League graduate has rented around 60 apartments there, according to Entrepreneur’s Teri Evans, to provide visitors with a free stay as they check in on the revitalization project.

While this type of generosity may come across as surprising to those who are unfamiliar with Hsieh’s story, it fits in well with the narrative of the CEO who provides free food in his company’s cafeteria.

Around the office, his mantra is “delivering happiness,” which also happens to be the title of his book, which enjoyed a 27-week stint on the New York Times Best Seller List after debuting at No. 1.

And while the San Francisco native’s path to success began with a four-year stay at the nation’s most prestigious institution, the man who made over $5,000 reselling burgers in college adamantly maintains that, for aspiring entrepreneurs, investing college tuition in their own ventures is the way to go.

“If you just took the money you would’ve spent on going to school and just used that to start a business,” he said in an interview with Business Insider’s Henry Blodget, “and start a business every year, even if every one of those fail you’re going to learn way more through that than actually going to school.”

Photo Credit: WENN

The Pull And Pray

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The Pull And Pray

The Pull And Pray

Today, we will be discussing the move every man needs to have in his arsenal: The Pull and Pray. For those of you who may be unfamiliar with this, whether you are a virgin or just plain stupid, it is when two people are having unprotected coitus and the man rides that horse until the final second, where he “pulls out” and ejaculates safely outside of the box.

Both partners then “pray” that he was quick enough and none of his little swimmers found the pot-o-gold on the other side of the rainbow. This move typically comes into play during drunken one-night stands when neither partner gives a damn about the risk of disease or even, the worst disease of all, children (blegh).

First of all, it is a male’s responsibility not to blow it inside his partner. Unless you are trying for a baby (what is wrong with you) or there is no risk of your partner getting pregnant — ALWAYS PULL OUT. And I do not mean the woman says she uses birth control or she tells you, “It’s okay, I just finished my period.” I am talking about the off chance she may have been born without a uterus or you happen to be banging a dude (we don’t discriminate). If either of those options presents themselves to you, by all means ride it out. If not, pull out!

Now, we know this delicate skill can be a little tricky. Maybe you bagged a nine and are only a seven; you may get lost in her (or his) smoking hotness and forget to pull out until it is too late. Let it be known that this is YOUR fault. You have no one to blame but yourself for blowing plan A, and now your only job is finding a drug store open so you can implement Plan B. If anything, you should still be thanking her/him for allowing you to conquer the cave when you know damn well you’re not worthy to reach level 10. What’s the best way to thank your partner? Not getting them pregnant.

The Pull and Pray

Do not underestimate the importance of the pull. You must plan ahead where you are going to be sending your underpants army for their final battle. If no towel is on hand, and the woman does not have a creepy fantasy about you ejaculating on top of the TV, her body usually becomes the target. Some women are down for this; sadly, some are not. This is why you plan ahead and display how much of a gentleman you are by asking where she would like you to come. If she says in a towel, do it in a towel. TV? TV. Inside her? RUN. Communication is always good in the bedroom, for it is the lack of such that leads to a scared sh*tless morning imagining baby rattles and mobiles. Do you want to worry about your life being over? Of course not, so always be clear with your partner about where to blow your load.

Now, since both parties are well aware that your geyser is about to erupt (or at least she should be, right? RIGHT!?), it is time for the actual pulling; there is no more time to ensure that she gets hers first. No time! NO TIME! This is also your fault, but a topic for a different day. You must make sure you are paying close attention to what your soldier of fortune is telling you, and right before you are about to lose it, thrust exxxxtra deep just once, and quickly too.

This will assure maximal pleasure before the explosion, and hopefully will pleasure her a little bit more so she forgives you later for forgetting about her needs. Thrust deep, pull out. Make sure there is enough clearance between the rifle and the holster, you want your bullets as far away as possible as not to cause any harm. Harm = pregnancy. Now let the sparks fly! (Cue gratuitous fireworks, waterfall scene, Ol’ Faithful eruption.)

Hopefully your lady allowed you to come on her. If she’s cool with raw-doggin’ it, she probably did. However, if she says, “On the stomach/ass” that means on the stomach/ass. Do not venture into the no-fly zone, i.e. cleavage and face. That is the best way never to be allowed into her airspace again. There are accidents of course; sometimes you just do not know how big or how far it is going to go. This mishap can be cleared up with a polite apology, an offer to grab a towel or tissue and a quiet snicker to yourself. Make sure she doesn’t hear the snicker.

The Pull and Pray

If she does not allow you to come on her, don’t worry; there is always next time. If you’re dating the person, she/he may just need to be comfortable with you before she/he allows your man-love to venture all over her/his amazingly nekked body. If you are not dating the person, hey! You just got laid, my friend! Are you really going to fret over something like that? Of course you’re not! Are you going to lie to your buddies when they asked if you came on her? Of course you are!

Now for the second part of the method: the pray. So you think you did a good job not losing your cool whilst inside her mystical land of wonder? Think again. Your own body will sometimes fool you and send out a scouting party ahead of the main troops to make sure the coast is clear. These troublesome menaces, and your pathetic attempt at pulling out because it felt “oh so good” are the reason why you need to start praying for at least the next two weeks that nothing is growing inside that disgusting bag of blood called the uterus. And women, you need to start praying too. I doubt you want to tell your child that they were conceived off two bottles of wine with a mime named “…”. So everybody start praying. Here, we are even giving you a template so you have no excuse:

Dear (insert appropriate deity),
Thank you for an awesome time last night. Props. Now please let me get out of something you may frown upon, scott free with no consequences. I promise I will never have premarital unprotected sex again. We learn from our mistakes, and I learned that drinking tequila and wine makes for bad decisions, especially when I have a box of condoms next to my bed that I forgot about. To be fair, she/he did just grab it and shove it in.

Anyways, please (insert deity here) destroy any seed that may have been spilled in her Garden of Eden/inside my luscious goodies. We both know I’m not ready to be a parent, and my folks already think they made a mistake by sending me to live in a foreign country even though I am only 18. Please do not make me stroke their egos by telling them they were right. Your friend (insert whatever name your parents gave you).

We hoped we have helped some of you on your endless quest for ultimate ecstasy without the negativity. Remember, sex is fun! And seriously, use a condom, you dumbass.

Mark Ball
Photo Source: The Paper Wall

Where to Drink Wine

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Where to Drink Wine

World’s Best Vineyards: Where to Drink Wine in 2013

In honor of National Wine Day tomorrow, Saturday, May 25th, we’re combining our two favorite things—booze and travel—to celebrate the holiday the right way.

With the search for the top vineyard hotels and best ways to pair wine with take out already sleuthed, we turned to American Express Travel Culinary and Wine Insider and Certified Sommelier, Sylvie Tannhauser, for where to drink wine this year.

With about 80 locations around the world to choose from, Tannhauser narrowed down her shortlist to the top six destinations across the world for wine enthusiasts. “We’re able to look beyond the top tourist attractions to the local spots, which capture the destination’s soul,” she said. “Each destination offers not only amazing wines, but a unique local culture that makes it worth investing in more than just a bottle, but a trip there.”

Check out her top spots for where to drink wine below.

By Sasha Levine (@sashalevine)

Fairmont Sonoma Mission Inn
California
Sonoma County, California is the perfect destination for both the wine novice and connoisseur. It’s home to more than 360 wineries along 55 miles of Pacific coastline, with great winery tours, vineyard walks, romantic pairing dinners, and private tastings. For the dedicated aficionado, stay at the Fairmont Sonoma Mission Inn, where you’ll be able to sample local wines at daily complimentary tastings without ever leaving the hotel!

Monticello Wine Trail
Charlottesville, Virginia
Thomas Jefferson was one of the first to bring winemaking to U.S. soil, but despite the area’s rich history, Virginia is still an emerging destination on the wine enthusiast’s hit list. Actually, the state has a lot to offer on the wine frontier. It is now fifth in the nation for wine production, more than 230 wineries, and dozens of wine trails. When I go, I like to mix history, fitness, and wine along the Monticello Wine Trail in Charlottesville, VA. It’s striking, surrounded by the Blue Ridge Mountains, and you can stop by Jefferson’s Monticello estate, famously displayed on the nickel, along the way!

Steenberg Hotel
South Africa
South Africa is definitely on the map this year as a top wine destination. It’s been making great wines for years, but what continues to draw the crowds is the colorful local culture. Be sure to stop by Steenberg Hotel, the Cape’s oldest farm dating back to 1682, for a round of golf, a wine tasting, or a gourmet meal. Then, drive two hours on to Sanbona Wildlife Reserve to visit the Big Five, the endangered riverine rabbit, and the only free self-sustaining white lions in the world just two hours outside Stellenbosch.

Cantina del Locorotondo
Puglia, Italy
While Italy has always turned out some incredible wines, I really love Puglia’s wines—particularly their rosés. The Puglia region is Italy’s largest wine producer, but is more under-the-radar than Tuscany. When you go, visit Locorotondo, the City of White Wine. The architecture is white and picturesque, and Cantina del Locorotondo offers great tours, tastings, and one of my favorite rosés! While you’re in Puglia, also try out the Moscato di Trani dessert wines, another personal favorite.

L’AND Vineyards Resort
Portugal
Portugal offers the perfect blend of sunshine, landscape, food, and wine, and L’AND Vineyards Resort is the place to stay for a dream getaway. The boutique property offers 22 suites that each offer panoramic views over the lake and of Montemor Castle, a fireplace terrace, iPads, heated floors, and direct pool access. Enjoy wine tastings at the vineyard, wine pairings and a gourmet locavore meal at the restaurant, or even wine spa treatments at the Caudalie Spa.

Catena Zapata
Mendoza, Argentina
If you’re a Malbec fan, Argentina’s Mendoza region, and the 115-year-old family vineyard Catena Zapata in particular, is worth the trip. Stop by the Catena Zapata Winery at Lujan del Cuyo, in the shadow of the Andes Mountains, to learn about the history of wine in Argentina and the Catena family’s important role in building up the industry. The Catena family was the first to consider bringing Malbec to the region, and through years of research, trial, and error, have set the bar high for the Argentinian wine industry. They now have more than 1,500 acres of vineyards, ranging from 500-6,000 feet above sea level.

Best vineyard hotels
Wine with take out
Michael Chiarello picks the best fall wines

 

Cara Delevingne Covers Miss Vogue’s Debut Issue

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Cara Delevingne Covers Miss Vogue’s Debut Issue

Cara Delevingne Covers Miss Vogue’s Debut Issue

The United Kingdom pretty much shares the same magazine publications as we do, but there was one thing the country was lacking: a version of their own Teen Vogue. The country has responded by launching their debut issue of Miss Vogue, their answer to all of England’s young girl’s requests.

Obviously, it would be fitting to have the most famous Brit, Cara Delevingne, cover the debut magazine. Vogue UL Editor in Chief Alexandra Shulman describes Delevingne as “Miss Vogue made physical” with a “maverick sense of style and fun” in her editor’s letter.

Delevingne was shot by Angelo Pennetta just days after the fall/winter fashion month for the cover and is wearing a baby pink paillette tank and matching skirt over a gray tee, which is so freakin’ 90’s, I’m obsessed.

It’s uncertain whether Miss Vogue will be a one-off venture or a continuing effort as of right now. The June issue was produced entirely by members of the existing Vogue UK team (I don’t know how they found the time) and it will be packaged along with it’s older version (which is covered by a sultry looking Kate Moss).

In addition to covering the debut issue of the magazine, Delevingne also had the opportunity to shoot an entire Miss Vogue spread. It’s no surprise that they chose Delevingne to cover the debut issue of Miss Vogue.

She’s so relatable, fun, funny, easy going, and is a true role model for young teenage girls. Who better to look up to than a girl who’s not afraid to be who she is? Even though she’s a high-fashion model, she never looses herself, and is unafraid to walk out in public in animal onesies.

The United Nations Backs Prada Law Suit

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The United Nations Backs Prada Law Suit

The United Nations Backs Prada Law Suit

In case you didn’t know, Prada has been undergoing a four year long legal battle with former Prada employee Rina Bovrisse, who is suing Prada Japan for alleged sexual harassment and discrimination claims. The suit took an interesting turn when Prada countersued Bovrisse for damaging its image.

Since then, Change.org has launched a petition to persuade Prada to drop the countersuit. This legal battle could be the most confusing suit in the industry to date and it’s hard to decide which side is right.

One example of discrimination Bovrisse witnessed was when a Prada Japan human resources executive ordered the demotion and transfer of numerous employees, mostly female, because they were “old, fat, ugly, disgusting or did not have the Prada look.” Bovrisse sued the company after she raised concern about the treatment of her co-workers and alleges that she was subsequently criticized for her own appearance, demoted and urged to resign.

A Tokyo court ruled in Prada’s favor in November, but the following April, Bovrisse had over 80,000 signatures (now over 200,000), on her Change.org petition against Prada. Bovrisse brought her case to the United Nations, who released an official response to Bovrisse’s testimony, which urges Japan to make sexual harassment and discrimination in the work place illegal.

The UN stated:

“The Committee urges the State party to introduce in its legislation an offence of sexual harassment, in particular in the workplace, which carries sanctions proportionate to the severity of the offence. The Committee also recommends that the State party ensure that victims can lodge complaints without fear of retaliation. The Committee recommends that the State party continue to raise the public awareness against sexual harassment.”

Bovrisse is reportedly happy with the ruling and was quoted in saying:

“I hope Miuccia Prada realizes we live in 2013, that the power of social networking and individual voice can [bring attention to] any brands for doing the wrong thing… I am a happier person now not wearing brands to identify myself.”

Although the suit is by no means over, it sure has taken (yet another) interesting turn.

Photo Credit: NY Mag

Kate Upton Heads Back To Victoria’s Secret

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Kate Upton Heads Back To Victoria’s Secret

Kate Upton Heads Back To Victoria’s Secret

I couldn’t possibly think of another model in this world that gets more love and hate than Kate Upton. Some people are obsessed with her and others scoff at the idea of casting her in any campaign, claiming that her body makes her unworthy.

According to the New York Daily News, Kate Upton has landed the cover of the latest Victoria’s Secret catalog after the booker for the brand’s annual fashion show made some not so nice comments about the curvy model.

Sophia Neophitou was famously quoted in saying:

“We would never use her. She’s like a footballer’s wife, with the too-blond hair and that kind of face that anyone with enough money can go out and buy.”

Yikes. Regardless of these comments, Upton has actually already appeared in a Victoria’s Secret catalog back in 2011. Neophitou may cast the fashion shows, but she apparently has no say over who appears in the catalogs.

I have to admit, I am surprised with the recent surge in Upton’s career. I’m even more surprised that she would work with a brand that had bashed her so harshly. I guess if you put enough money in front of someone’s face, they’ll do anything.

Will Upton’s work with Victoria’s Secret end with catalog photos, or will she one day be welcomed in to the heavily adorned angel-winged world of Victoria’s Secret fashion shows? We will see…

Louboutin Files First Post-YSL Law Suit

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Louboutin Files First Post-YSL Law Suit

Louboutin Files First Post-YSL Law Suit

Can Christian Louboutin ever get a break? I know they say imitation is the most sincere form of flattery, but it’s starting to get a little ridiculous. Louboutin has just settled their infamous YSL law suit and is now about to embark on another legal battle.

Paris-based Christian Louboutin S.A.S. has filed a suit in the Southern District of New York against Alba Footwear, Easy Pickins, Inc. and Alan H. Warshak for the sale of their red-soled shoes.

The suit, which was filed last week by Harley Lewin, Louboutin’s counsel from the YSL case, is a trademark infringement case on behalf of the footwear designer, alleging that the defendants manufactured and sold counterfeit versions of Louboutin’s products bearing its red sole trademark.

It must be kept in mind that this is a trademark infringement case, and not a copyright infringement case. Copyright law in the United States does not protect the overall design/appearance of Christian Louboutin’s designs, so the designer’s lawsuit must be exclusively limited to the replication of the red sole. If the replicated designs were made without the red sole, the creations would be perfectly legal.

Below is an example of Louboutin’s Lady Spiked Leopard Print Pumps (left) and Alba’s version (right):

 

This lawsuit is one of the first lawsuits following the September 2012 ruling that Louboutin’s red sole is a valid trademark. Louboutin is asking the companies for $2 million in damages, injunctive relief and additional damages.

When are show designers going to get it — you cannot put a cheaply made, fake, red sole on a pair of heels. Just don’t even try.

Photo Credit: NY Mag

Premier Li Keqiang’s visit: India and China in border row pledge

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Premier Li Keqiang’s visit: India and China in border row pledge

20 May 2013 Last updated at 11:44 ET

 

The BBC’s Andrew North explains: ”There is a lot to lose”

Visiting Chinese Premier Li Keqiang has said India and China must “improve mechanisms” to settle a long-running border dispute, pledging his commitment to “peace and tranquility”.

Premier Li was speaking during a joint address with his Indian counterpart, PM Manmohan Singh, in the capital, Delhi.

Mr Singh said special representatives from the two countries would meet soon to discuss ways to end the row.

The meeting comes after a recent flare-up in border tensions.

Premier Li arrived in Delhi on Sunday in the first stop of his maiden foreign trip since taking office.

The two neighbours are the world’s two most populous countries.

During Monday’s talks, the two sides discussed trade ties and other bilateral issues and signed eight agreements.

“We don’t deny there are problems between the two sides,” Premier Li said. “We need to improve border related mechanisms and make them more efficient,” he added.

“Both Mr Singh and I believe there are far more interests than differences between our two sides. We need to confront issues with a broad mind, and tackle them in a mature way,” he said.

PM Singh said India and China had “agreed that our special representatives will meet soon to continue discussions seeking an early agreement on a framework for a fair, reasonable and mutually acceptable boundary settlement”.

“Peace and tranquillity on our border has to be preserved,” he said.

A decades-long border dispute flared up last month after India accused Chinese troops of crossing the countries’ de facto frontier.

The dispute over the territory in the Ladakh region has dogged the two countries since the 1950s.

At an informal meeting on Sunday night, Mr Singh told Mr Li that a recent military standoff on the Himalaya border could affect relations between the two countries.

Both sides, however, were keen to ensure that the border spat did not derail a general warming in relations between the neighbours and the two leader talked of “more shared interests than differences”.

China is already one of India’s top trading partners and both countries have already agreed a new $100bn (£65bn) bilateral trade target for 2015.

Premier Li said he had agreed to address India’s concerns about the size of the trade deficit with China.

On his arrival in Delhi, Premier Li said said his decision to choose India for his first foreign visit since taking office “indicates the great importance Beijing attaches to its relations” with Delhi.

During his three-day visit in India, he is also expected to meet Indian President Pranab Mukherjee, Congress party chief Sonia Gandhi and leader of the opposition in the Lok Sabha [the lower house of Indian parliament] Sushma Swaraj.

He is also scheduled to address university students in Delhi and business leaders in Mumbai, India’s financial capital, before travelling on to Pakistan, Switzerland and Germany.