Intellectual Property

Recent Posts

INTA Targets Teens In Anti-Counterfeiting Campaign
Posted on 18 Apr 2012 by Ashlee Froese

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... Read More

Intermediary between Supplier and Internet Seller Found Liable for Counterfeit Chloe Handbags
Posted on 29 Aug 2011 by Copyright & Trademark Law Community Staff

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... Read More

Fashion Designers Win against Counterfeiters in Recent Overseas Decisions
Posted on 21 Oct 2011 by Lisa Ritson and Elizabeth Ireland

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... Read More

To Moniteur or Not to Monitor, That is eBay’s Question
Posted on 29 Jul 2008 by Copyright & Trademark Law Community Staff

There are two sides to every coin, and in light of recent judgments, it looks like eBay's coin is coming up heads in Europe and tails in the United States. In France, a court recently ordered eBay to pay approximately $60 million to the fashion... Read More

The Coach legal team has had a busy summer - FREE DOWNLOAD: Complaint - Coach v. Lafidale Inc. (S.D. Cal.)
Posted on 28 Jul 2010 by Martha Nimmer

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... Read More

The Summer of Coach Litigation: FREE DOWNLOADS, Complaints from three Coach lawsuits
Posted on 12 Aug 2010 by Martha Nimmer

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... Read More

Is Canada a Counterfeiting Safe Haven?
Posted on 20 Oct 2011 by Ashlee Froese

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... Read More

Federal Courts Order Seizure of 82 Website Domains Involved in Selling Counterfeit Goods as Part of DOJ and ICE Cyber Monday Crackdown
Posted on 7 Dec 2010 by Copyright & Trademark Law Community Staff

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... Read More

Second Circuit Holds eBay Not Liable to Tiffany for Direct or Contributory Trademark Infringement or Dilution, But Remands on False Advertising Claim
Posted on 6 Apr 2010 by Brinks Hofer Gilson & Lione

On April 1, 2010, the Court of Appeals for the Second Circuit issued its decision in Tiffany (NJ) Inc. v. eBay Inc . [ 600 F.3d 93 (2d Cir. N.Y. 2010) ] The District Court for the Southern District of New York had found that eBay, an online marketplace... Read More

Opting for Statutory Damages in a Counterfeiting Case May Prevent Your Client From Receiving Attorneys' Fees
Posted on 25 Mar 2008 by Anne Gilson LaLonde

After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the Lanham Act damages provision (15 U.S.C. § 1117) to preclude an award of attorneys'... Read More

Zero Tolerance this Summer in Italy for Buyers of Fake Luxury Goods
Posted on 18 Jun 2010 by Pier Luigi Roncaglia

Italian newspapers reported that last Sunday, June 6 2010, an Austrian tourist who bought a 7 Euro fake Louis Vuitton purse from a beach vendor in Jesolo, an Italian beach resort near Venice, got slapped with a 1,000 Euro fine. Under Article 1(7... Read More

Gilson LaLonde on Tiffany Ultimately Responsible for Protecting Its Marks
Posted on 29 Sep 2008 by Anne Gilson LaLonde

In Tiffany, Inc. v. eBay, Inc. , 2008 U.S. Dist. LEXIS 53359 (S.D.N.Y. 2008), the court held that eBay was not liable for contributory trademark infringement, though listings on its site offered counterfeit silver Tiffany jewelry for sale. In analyzing... Read More

The Fashion Industry Now Has Twenty Million More Reasons to Unravel Counterfeiting Conspiracies
Posted on 15 Jul 2010 by Anthony V. Lupo and Sarah L. Bruno, Arent Fox LLP

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"... Read More

Crackdown on Counterfeit Couture
Posted on 28 Jun 2010 by Martha Nimmer

Fashion design is finally getting the protection it deserves. In April, the European Union renewed a selective distribution regulation, [1] set to expire in May, which will allow makers of brand name goods to decide how their products are distributed... Read More