It is starting to unfold, the lawsuit that has been years in the making, and for two cute brands, this suit is ugly. You may recall that Chris Burch (hereinafter “Chris”) filed suit against his ex-wife Tory Burch (hereinafter “Tory”) in a New York court a few weeks ago, alleging that Tory is liable for breach of contract and hijacking the bidding process (of Chris’ shares in her co.), among other claims.
Well, yesterday, Tory’s lawyer, Marc Wolinsky of Wachtell, Lipton, Rosen & Katz, filed a motion to extend the filing deadline for her response, and of course, Chris countered with a motion seeking an expedited decision. Tory’s initial filing date was set for today, but her lawyer is asking for an additional eight days to prepare answers and counterclaims to the suit. Her counterclaims are set to include: unfair competition, breach of fiduciary duty, breach of contract and a violation of intellectual property (between Tory Burch and Chris Burch’s C.Wonder).
What did their respective lawyers have to say?
Tory’s lawyer Wolinsky said: “This guy ripped off Tory Burch. His product looks like our product, his stores look like our stores. In his complaint, Christopher Burch said he’s being hurt because the company is standing in the way of me selling my shares to a potential investor. The answer is, we are not standing in the way. His conduct is standing in the way…he is driven by jealousy and animosity.”
Chris’ lawyer Andrew Rossman replied that Chris never intended to bring a suit against Tory. However, “when it became clear to Chris that there was no satisfying the demands of Tory Burch and the Tory Burch company, he had to ask the court what his rights are here. [Chris has] done a lot to appease Tory and the company,” including changing the interiors of some of his stores.