Intellectual Property

Secondhand Goods - FREE DOWNLOAD: Complaint, Cartier, et al. v. Hautelook, INC., 10-cv-05845 (SDNY)

Last Tuesday, Cartier commenced litigation against HauteLook, Inc. for false advertising and unfair competition, trademark infringement and dilution, and related claims arising under New York State and common law.   Cartier seeks injunctive relief and monetary relief.

HauteLook, a newly established company doing business in Los Angeles, CA, offers "flash sales"1 of couture goods, including Cartier watches.  In its complaint, Cartier alleges that HauteLook credits its ability to offer designer goods for highly discounted prices to the company's "unique partnerships" with the brands it sells.  Cartier claims, however, that it has no such relationship with HauteLook.  Cartier also alleges that the goods sold by HauteLook are, in fact, used, and often accompanied by damaged packaging-or packaging from entirely different brands-and defaced certificates of authenticity.  On its website, Defendant pledges to sell only brand new goods.  Cartier avers, however, that after purchasing five of its watches from three different HauteLook flash sales, Cartier determined from the watch serial numbers that the goods were previously purchased, and thus, were secondhand.  These watches sometimes showed evidence of abrasive polishing, improper repair and other damage. 

For these alleged violations, Cartier is seeking to recoup HauteLook's profits gained from the sale of Cartier goods, actual damages, punitive damages, trebled damages, trebled profits, or, if Cartier chooses, "$2,000,000 per counterfeit mark per type of goods sold, offered for sale, or distributed, as provided."  Cartier has also requested interest on those sums, in addition to attorneys' fees and expenses.


1 Per ¶19 of Cartier's Complaint, Deeply discounted sales that last for short periods of time.

 

Please click on the link at the top of the post to view or download the entire complaint from Cartier, et al. v. Hautelook, INC., 10-cv-05845 (SDNY)

Complaint - Cartier, et al. v. Hautelook, INC., 10-cv-05845 (SDNY).pdf