Taking action against counterfeit goods

Situation We 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...

UK and American Luxury Goods Companies Combat Alleged Counterfeiting by Discount Retailers

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...

The Fashion Industry Now Has Twenty Million More Reasons to Unravel Counterfeiting Conspiracies

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 Sues for Trademark Infringement - FREE DOWNLOAD/Complaint

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...

The Coach legal team has had a busy summer - FREE DOWNLOAD: Complaint - Coach v. Lafidale Inc. (S.D. Cal.)

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...

The Summer of Coach Litigation: FREE DOWNLOADS, Complaints from three Coach lawsuits

Last week, 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 practices and...

Second Circuit Reverses Chloé v. Queen Bee - Finds Personal Jurisdiction Over Internet Counterfeiter

The 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...

Tiffany v. eBay, the Anticlimax: FREE DOWNLOAD - Memorandum and order, Tiffany v. Ebay, 04 Civ. 4607 (SDNY Sept 10, 2010)

The 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 Court...

Counterfeiting and Piracy: Can It Be Quantified?

By Joe Mencher 1 of Haynes and Boone, LLP *Originally published by the Financial Fraud Law Report 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...

Farouk Systems, Inc. Awarded $300 Million Judgment Against Internet Counterfeiters

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...

Federal Courts Order Seizure of 82 Website Domains Involved in Selling Counterfeit Goods as Part of DOJ and ICE Cyber Monday Crackdown

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...

FREE DOWNLOAD: Fashion Complaint - Kim vs. Coach, Inc., 211-cv-00214 (W.D. Wa. 02/08/11)

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...

FREE DOWNLOAD: Fashion Complaint - Kim vs. Coach, Inc., 211-cv-00214 (W.D. Wa. 02/08/11)

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...

Web Hosting Firm Found Liable For Sales of Counterfeit Golf Clubs

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 ...

Proposed New York City Bill Will Criminalize Purchase of Counterfeit Goods

New York 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...

Damages/Fees Recommended in Fendi Adele’s Trademark Infringement Action against Seller of Counterfeit Fendi Bags – FREE DOWNLOAD

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...

Internet Counterfeiters Hit with $164 Million Judgment in Tory Burch Lawsuit

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 accessories. Tory...

Intermediary between Supplier and Internet Seller Found Liable for Counterfeit Chloe Handbags

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 Queen...

Troutman Sanders LLP: Rosetta Stone Challenges Use of Trademark Language Online

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...

Is Canada a Counterfeiting Safe Haven?

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"...

Fashion Designers Win against Counterfeiters in Recent Overseas Decisions

There have been a number of recent decisions in the US, Europe and Canada in which fashion labels have been successful against counterfeiters. 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...

INTA Targets Teens In Anti-Counterfeiting Campaign

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...

Williams Mullen: 4th Circuit Upholds Convictions of Trademark Infringers for Combining Two Separate “Burberry” Marks on Bogus Luxury Goods

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...

New York Court Pierces Corporate Veil to Get at Individual Counterfeiter / Infringer of Burberry Products

A New York court recently pierced the corporate veil and refused to dismiss Burberry Limited / Burberry USA's complaint against an accused counterfeiter. Burberry commenced the action against Asher Horowitz, the sole owner and officer of Designers Imports, which operated www.designersimports...

How to Efficiently Fight Against Counterfeiting in the Fashion and Luxury Sectors?

Counterfeiting is the specific term, in intellectual property, referring to any infringement or unauthorised use of an intellectual property asset owned by a third party. The face of counterfeiting has profoundly changed in the last few years. The era of “homemade” counterfeiting is well...