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Lawyers, other representatives, expert(s), tribunal’s secretary

Final Award

I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and their predecessors which is dated August 20, 2002, and having been duly sworn, and having duly read the papers, the Parties’ motions, affidavits, exhibits, attachments, briefs and reply briefs, and having issued a Decision and Interim Award dated June 30, 2010 ("Interim Award"), do hereby, FIND and AWARD, as follows.

Background Of Damages, Fees, and Costs Sought

[1].
In accordance with the Interim Award, which is hereby incorporated by reference, the Parties having submitted their respective calculation of damages, fees, and costs and. having considered each of the proofs and allegations, I, AWARD:

1. For the breaches of contract for the relevant periods from 2003 by the Respondent Samy D. Limited, the sum of U.S. $13,365.77 is awarded against Respondent Samy D Limited to L'OBJET, LLC.

For the breach of contract by L'OBJET, LLC in failing to follow the provisions of Sections 1.2, 1.4, and 2 of the Trademark and Trade Name License Agreement, the sum of U.S. $2,000.00 is awarded to Respondent Samy D. Limited and Respondent Samy David Cohen, jointly as contracting party in the case of Respondent Samy D Limited and Respondent Samy David Cohen as third party beneficiary.

For the passing off of 37 items in the period following the sale of genuine Samy D. Limited goods, labeled and promoted as the designs of Samy David Cohen the sum of U.S. $92,500.00 is awarded to Respondent Samy D. Limited and Respondent Samy David Cohen, jointly.

For the infringement of the copyright design KOTZIM, the sum of U.S. $15,000.00 is awarded to Respondent Samy David Cohen for actual damages and lost profits.

Therefore within thirty (30) days from the date of transmittal of this Award to the Parties, L’OBJET, LLC shall pay to Respondent Samy D. Limited and Respondent Samy David Cohen, the total sum of U.S. $109,500.00 but the Award to Claimant L'OBJET, LLC of U.S. $13,365.77 shall be offset solely against Respondent Samy D. Limited.

2. The parties’ requests for attorney fees under the August 20, 2002 agreement are denied as there is no prevailing party.

3. Claimant L'OBJET, LLC, its successors and assignees, are hereby enjoined from the display, advertising, offering for sale, and sale of any design having as its author Samy David Cohen.

4. The administrative fees of the International Centre for Dispute Resolution (ICDR) totaling $10,250.00 and the compensation of the arbitrator totaling $9,090.00 shall be borne equally by the parties. Therefore, Claimant L'OBJET, LLC shall reimburse Respondents Samy D. Limited and Samy David Cohen the sum of $875.00, representing that portion of the said fees and expenses in excess of the apportioned costs previously incurred by Respondent Samy D. Limited and Respondent Samy David Cohen. Respondent Samy D. Limited and Respondent Samy David Cohen shall advise Claimant L'OBJET, LLC to which party the awarded sum shall be payable within five days of the transmittal of this Final Award to the parties.

[2].
This Award together with the Interim Award is in full settlement of all claims and counterclaims submitted to this Arbitration.
[3].
I hereby certify that, for the purposes of Article 1 of the New York Convention of 1958, on the recognition and Enforcement of Foreign Arbitral Awards, this Final Award was made in New York New York, United States of America.
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