eBay took measures to cut
down on the sale of counterfeit goods. However, Tiffany felt that the measures
did not go far enough and demanded that eBay discontinue all Tiffany auctions
on its site. eBay refused. The Second Circuit in Tiffany Inc. v. eBay, Inc. , 600 F.3d 93
(2d Cir. N.Y. 2010) took...
learned that counterfeits of our client's goods were in the marketplace. Until
then, our client had the erroneous belief that counterfeiting was primarily a
problem in the recording, clothing and accessory fields. We needed to determine
how to distinguish genuine versus counterfeit...
Two well-known luxury goods manufacturers are fighting back against what
they perceive as counterfeiting and infringement by discount retailers that
sell "knock-offs" of their products. In March of this year, Burberry Ltd., the
maker of high-end apparel and accessories based in the United...
Counterfeiters, beware. A federal jury in California has awarded
$20 million in statutory damages to Gianni Versace, S.p.A. ("Versace") in
its lawsuit against Los Angeles-based manufacturing company Tres Hermanos, Inc.
("Tres Hermanos") and its owner, Monir Awada ("Awada"...
Christian Louboutin filed suit on Monday in the Southern District of
New York, claiming federal trademark infringement, trademark counterfeiting,
trademark dilution, unfair competition and false designation of origin. The shoe company has also raised New York
State and common law causes of action...
Earlier this month, Coach filed suit in the Southern
District of California, alleging trademark counterfeiting, trademark
infringement, false designation of origin and false advertising, trademark
dilution, California trademark dilution and common law unfair competition. The defendant, Lafidale Inc...
Coach commenced two separate actions against Barry Leather Inc. and Touba
Darusslamm. The complaints, both filed
in the Southern District of New York, allege federal trademark and trade dress
infringement, federal copyright infringement, trademark dilution and deceptive
Second Circuit Court of Appeals has reversed the controversial decision in
the Chloé v. Queen Bee case, in which the U.S. District Court for the
Southern District of New York refused to exercise jurisdiction over an Internet
counterfeiter located in California ( Chloé v. Queen Bee...
long-running litigation between Tiffany & Co, and eBay, in which Tiffany
sought to hold eBay liable for counterfeit Tiffany goods sold on eBay's
Internet auction site appears finally to have come
to a close, not with a bang, but with a whimper.
On July 14, 2008, the District
By Joe Mencher 1 of Haynes and Boone, LLP
*Originally published by the Financial Fraud Law
Counterfeiting and piracy of intellectual property are often pointed to as substantial problems, particularly in certain regions or countries. In April of 2010, the Government Accountability Office...
Houston, TX (October 22, 2010) -- A
federal court in Houston, Texas has awarded Farouk Systems, Inc., the producer
of CHI ceramic hair styling irons and other beauty products, a $300 million
default judgment against a group of Internet counterfeiters in what is believed
to be the largest judgment...
From the US Department of Justice :
WASHINGTON - Seizure orders have been executed against 82 domain names
of commercial websites engaged in the illegal sale and distribution of
counterfeit goods and copyrighted works as part of Operation In Our
Sites v. 2.0, Attorney General Eric Holder and...
This is an interesting
man-bites-dog case, in which an accused counterfeiter who claims to have sold
authentic Coach products on eBay sued Coach under a state consumer protection
statute, among other claims, asserting that "Coach is trying to force all
consumers to purchase Coach products only...
CHARLESTON, S.C. - Last month, a federal jury found a Web
hosting company liable for willful contributory infringement related to counterfeit
golf clubs sold online. The plaintiff was awarded $70,000 in damages against
the hosting firm (Roger Cleveland Gold Company Inc. v. Christopher Prince, et
City Council Member Margaret
Chin today introduced a bill to criminalize the purchase of counterfeit
goods. The bill targets
purchasers when they should know a purchase is counterfeit based on an item's
cost or quality or a sale's/seller's conditions and location. The bill will...
Plaintiffs Fendi Adele, et al. are designers, manufacturers
and importers of branded Fendi bags and own the trademarks and other intellectual
property rights associated with Fendi merchandise. Plaintiffs sued defendant Ashley
Reed Trading on claims of having distributed counterfeit Fendi products. In...
Recently, the U.S. District Court, Southern District of New
York, awarded $164 million in damages to clothing designer Tory Burch. Tory
Burch's lawsuit, filed December 2010, involved hundreds of rogue websites
selling counterfeit versions of Tory Burch's footwear, handbags and
Simone Ubaldelli opened a business, Italian Only, through
which he bought items from Italy and sold them to US retail stores. Ubaldelli entered into an agreement with Rebecca Rushing, the agent for Queen Bee of Beverly Hills, LLC, whereby he agreed to seek out designer bags for resale on the
By Matthew Osborne
Late last month, the United States Court of Appeals for the Fourth Circuit
heard arguments in a case accusing search giant, Google, of violations
of federal and state trademark laws when it sold keyword advertising
based on Rosetta Stone's marks to competitors, some...
By Ashlee Froese of Keyser Mason Ball LLP
A very savvy, stylish and respected fashion journalist recently posed an interesting question to CanadaFashionLaw :
" Why is Canada a counterfeiting safe haven? ".
Being a bit of a fashion geek, this question got my fashion legal "mojo"...
There have been a number of recent decisions in the
US, Europe and Canada in which fashion labels have been successful
US Designer Tory Burch awarded US$ 164 million
In June 2011, US fashion designer Tory Burch was
awarded US$164 million in damages as the result of...
By Ashlee Froese of Gilbert's LLP
With the International Chamber of Commerce's recent report stating that the counterfeit goods industry may reach $1.75 trillion (US) by 2012, INTA has decided to step up its game. ( For those of you not in the know, the International Trademarks Association...
BY: JOHN STAIGE DAVIS, V
Can a would-be trademark-infringer evade the trademark laws by superimposing facsimiles of two different trademarks of the same company into a single combined image, and maintaining that the combined image is legally distinguishable from the true ones? The answer, thankfully...
A New York court recently pierced the corporate veil and
refused to dismiss Burberry Limited / Burberry USA's complaint against an
Burberry commenced the action against Asher Horowitz, the
sole owner and officer of Designers Imports, which operated