Too, Inc. v. Kohl's Department Stores, Inc.
United States District Court for the Southern District of New York
213 F.R.D. 138 (S.D.N.Y. 2003)
Relevant factsFree
After Too (plaintiff) sued Windstar (defendant) and Kohl's for copyright and trademark infringement based on clothing designs, Windstar sought leave (having missed the ten-day window) to file a third-party complaint against its own former employees DeCaro and Abraham for contribution and indemnification, alleging they had known the designs were protected and materially contributed to the infringement.
IssueFree
Whether an untimely impleader of a third party defendant can still be appropriate.