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Lawsuit over use of Setai trademark ends in settlement

Nakash family settled with Miami Beach Luxury Rentals
By Francisco Alvarado | September 01, 2017 02:00PM

Setai Miami Beach

A legal dispute over use of the Setai’s trademark name is over after the Nakash family, owners of the luxury condominium hotel, settled with the South Florida discount rental site and its owner that allegedly used the name illegally.

As part of the settlement, Allen Turner and his company, Miami Beach Luxury Rentals, agree not to use the Setai trademark without consent of the Setai Miami Beach on any adverstisements and promotional materials used to market condos owned by individuals as rentals. Turner and Miami Beach Luxury Rentals also cannot mention the hotel’s rates, awards and travel partners. Neither side admitted any wrongdoing.

“Obviously we are pleased with the outcome,” said Setai Miami Beach lawyer Dan Barsky. “We think this settlement is going to do a lot in terms of protecting the brand and making sure consumers know what they are getting when they book through the hotel or a third party.”

Barsky says Turner and Miami Beach Luxury Rentals agreed to settle following two favorable court rulings for Setai Miami Beach. He said there are no financial terms in the settlement. Turner and lawyers representing him and his company could not be immediately reached for comment.

Setai Miami Beach sued Turner and Miami Beach Luxury Rentals in Miami federal court in May 2016. Court filings revealed that the Setai trademark is partly owned by the trust of Prince Alexander von Fürstenberg, son of fashion designer Diane von Fürstenberg, according to the suit.

Immediately after the complaint was filed, Miami Beach Luxury added a disclaimer to its website stating, “Miami Beach Luxury Rentals has no direct affiliation with The Setai Hotel. President of Miami Beach Luxury Rentals, Allen Tuller is a licensed Florida Realtor and also a resident at The Setai condo tower.”

The lawsuit states the Setai obtained a trademark in 2001 from the United States Patent and Trademark Office that was renewed in 2007 and 2012 “and is now incontestable.”

The Setai Miami Beach is owned by Nakash Holdings, the investment arm of the Jordache Enterprises clothing company founded in 1969 by brothers Ralph, Avi and Joseph Nakash. They purchased the upscale hotel for $90 million in December 2014. The Setai was built in the 1930s and then redesigned, along with an adjacent 40-story condo tower, in 2004.