By Ashlee Froese of Gilbert's LLP
With the International Chamber of Commerce's recent report stating that the counterfeit goods industry may reach $1.75 trillion (US) by 2012, INTA has decided to step up its game. ( For those of you not in...
Simone Ubaldelli opened a business, Italian Only, through
which he bought items from Italy and sold them to US retail stores. Ubaldelli entered into an agreement with Rebecca Rushing, the agent for Queen Bee of Beverly Hills, LLC, whereby he agreed to...
There have been a number of recent decisions in the
US, Europe and Canada in which fashion labels have been successful
US Designer Tory Burch awarded US$ 164 million
In June 2011, US fashion designer Tory Burch...
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...
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...
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...
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...
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...
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...
IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF
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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'...
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
Under Article 1(7...
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...
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.
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...