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Judge Stein http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119941 IN FEBRUARY 2009, Cartier International N.V. and Cartier Creation Studios S.A. (collectively Cartier) sued QVC Inc., TWI Watches LLC, and others claiming that watches made by TWI and sold on the QVC shopping channel infringed trademarks held by Cartier. The parties purportedly settled their dispute at a June 5, 2009, conference before a magistrate judge. Thereafter, Cartier circulated a seven-page proposed settlement agreement and a separate eight-page consent judgment to TWI. Each document contained several terms that were not set forth on the record at the June 5 conference. The court denied Cartier’s motion to enforce the alleged settlement against QVC, finding that because the parties had never agreed to material terms, there was never a binding agreement with Cartier. Discussing Ciaramella v. Reader’s Digest Ass’n, the court determined the parties did not intend to be bound by the agreement until its terms were reduced to writing and signed by the parties. Further, there had been no partial performance and, because the agreement between QVC and Cartier contemplated permanent injunctive relief, it was of the type that is normally reduced to writing before becoming effective.

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