By Ashlee Froese of Gilbert's LLP With the International Chamber of Commerce's recent report stating that the counterfeit goods industry may reach $1.75 trillion (US) by 2012, INTA has decided to step up its game. ( For those of you not in... Read More
Simone Ubaldelli opened a business, Italian Only, through which he bought items from Italy and sold them to US retail stores. Ubaldelli entered into an agreement with Rebecca Rushing, the agent for Queen Bee of Beverly Hills, LLC, whereby he agreed to... Read More
There have been a number of recent decisions in the US, Europe and Canada in which fashion labels have been successful against counterfeiters. US Designer Tory Burch awarded US$ 164 million In June 2011, US fashion designer Tory Burch... Read More
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
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
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
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
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
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
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : ... Read More
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
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
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
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
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... Read More