Intellectual Property

Recent Posts

FREE DOWNLOAD: Fashion Complaint - Kim vs. Coach, Inc., 211-cv-00214 (W.D. Wa. 02/08/11)
Posted on 11 Feb 2011 by Copyright & Trademark Law Community Staff

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... Read More

Tiffany Makes Another Bid to Restrict Auctions of Counterfeit Jewelry on eBay
Posted on 6 Jul 2010 by Steve Abreu

eBay took measures to cut down on the sale of counterfeit goods. However, Tiffany felt that the measures did not go far enough and demanded that eBay discontinue all Tiffany auctions on its site. eBay refused. The Second Circuit in Tiffany Inc. v.... Read More

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. Montana Charlie's of Illinois, INC. d/b/a Montana Charlie's Flea Market, et al., Case 1:10-cv-03751, (N.D. Ill.)
Posted on 18 Jun 2010 by Copyright & Trademark Law Community Staff

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. MONTANA CHARLIE'S OF ILLINOIS, INC. d/b/a MONTANA CHARLIE'S... Read More

Challenges For Brand Owners and Marketplace Sites in the Wake of Tiffany v. eBay
Posted on 19 Apr 2010 by Pamela Church

The Second Circuit's April 1, 2010 opinion in Tiffany v. eBay , both affirmed and remanded portions of the decision of the U.S. District Court for the Southern District of New York that addressed whether the online marketplace site eBay may be... Read More

Internet Counterfeiters Hit with $164 Million Judgment in Tory Burch Lawsuit
Posted on 14 Jun 2011 by Copyright & Trademark Law Community Staff

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... Read More

Tiffany v. eBay, the Anticlimax: FREE DOWNLOAD - Memorandum and order, Tiffany v. Ebay, 04 Civ. 4607 (SDNY Sept 10, 2010)
Posted on 15 Sep 2010 by Copyright & Trademark Law Community Staff

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... Read More

FREE DOWNLOAD: Opinion - Tiffany Inc. v. eBay, Inc., 600 F.3d 93 (2d Cir. N.Y. 2010)
Posted on 30 Jun 2010 by Copyright & Trademark Law Community Staff

600 F.3d 93, *; 2010 U.S. App. LEXIS 6735, **; 94 U.S.P.Q.2D (BNA) 1188; 2010-1 Trade Cas. (CCH) P77,013 TIFFANY (NJ) INC. and TIFFANY and COMPANY, Plaintiffs-Appellants, - v. - eBay, Inc., Defendant-Appellee. Docket No. 08-3947... Read More

Taking action against counterfeit goods
Posted on 12 Jul 2010 by Jeffrey H. Kaufman

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... Read More

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 the... Read More

Christian Louboutin Sues for Trademark Infringement - FREE DOWNLOAD/Complaint
Posted on 23 Jul 2010 by Martha Nimmer

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... Read More

No Breakfast at Tiffany’s
Posted on 23 Jun 2010 by Christopher Bakes and Kelly Gaide

FEDERAL COURT UPDATE: how eBay avoided liability for sales of counterfeit goods on its site. You might think that eBay had much to fear when it was sued in federal court by Tiffany & Company, famed purveyor of luxury jewelry. After all, eBay... Read More

Tiffany Makes Another Bid to Restrict Auctions of Counterfeit Jewelry on eBay
Posted on 6 Jul 2010 by Steve Abreu

eBay took measures to cut down on the sale of counterfeit goods. However, Tiffany felt that the measures did not go far enough and demanded that eBay discontinue all Tiffany auctions on its site. eBay refused. The Second Circuit in Tiffany Inc. v.... Read More

Proposed New York City Bill Will Criminalize Purchase of Counterfeit Goods
Posted on 28 Apr 2011 by Copyright & Trademark Law Community Staff

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... Read More

New York Court Pierces Corporate Veil to Get at Individual Counterfeiter / Infringer of Burberry Products
Posted on 1 Oct 2012 by Copyright & Trademark Law Community Staff

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... Read More

Second Circuit Reverses Chloé v. Queen Bee - Finds Personal Jurisdiction Over Internet Counterfeiter
Posted on 19 Aug 2010 by Amy L. Brosius

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... Read More