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July 17, 2009

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NEWS  

Bikini Battle
Amaya Swimwear Fashion Show Cancelled in the Wake of Federal Trademark Infringement Case

By Lee Molloy

What’s in a name? Well, when it comes to the lucrative South Florida swimwear market, about a million bucks.

Designer Carolina Dinardi’s Maya Swimwear LLC won a federal trademark infringement battle April 21 that permanently prevents South Florida fashion designer Lila Nikole Rivera from using Amaya as the brand name for her swimwear.

Southern District of New York Judge Jed S. Rakoff granted MAYA with an injunction against Rivera, ruling the name Amaya was too similar to that of MAYA and could be confusing to consumers.

Rivera didn’t respond to a summons delivered in March, court documents show. Rakoff awarded Maya Swimwear just under $1.4 million in monetary and punitive damages, citing a “willful infringement of Maya’s registered trademark.”

“Maya takes its brand name and reputation very seriously and we are gratified and pleased with our victory over Ms. Rivera,” said David McKinney, Maya’s chief financial officer and general counsel for Maya, in a statement. The company, he says, “was trying to trade on our name MAYA with ‘Amaya.’”

Rivera or any representatives of Amaya Swimwear were unreachable for comment - the office phone has been disconnected and Amayaswimwear.com is already gone.

Sanskrit in origin, the word “maya,” means ‘illusion.’ Dinardi launched the first swimwear collection for the label in 2001.

Rivera started “Amaya,” in 2005 after graduating from the Art Institute of Fort Lauderdale. The business soon found success and Amaya Swimwear LLC was formed in 2008, Department of State records show. Amaya was set to have two major fashion shows at this week’s Mercedes-Benz Swim Week: the first at The Setai on South Beach on Friday, and a second at The W Hotel in Fort Lauderdale on Sunday. Both have been cancelled.

The W show was to be produced by public relations firm, Tara Ink.

“Due to some personal legal issues,” a Tara Ink representative said, “we had to cancel the show on Sunday.”

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