LexisNexis® Legal Newsroom
Electing Statutory Damages in a Counterfeiting Case May Bar an Award of Attorneys Fees in the Ninth Circuit

The Ninth Circuit's recent interpretation of the Lanham Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to receive statutory damages in a counterfeiting case instead of opting for actual damages, it may also be barred from recovering...

Economic Analysis of the Proposed CACP Anti-Counterfeiting and Piracy Initiative by LEGC, LLC

The U.S. government has substantial anti-counterfeiting and anti-piracy efforts in place. However, according to the U.S. Government Accountability Office (GAO), these efforts could be significantly improved primarily through strong permanent leadership to foster better coordination within and among...

How the PRO IP Act of 2008 Changes Trademark Anti-Counterfeiting Law

The PRO IP Act of 2008, officially the Prioritizing Resources and Organization for Intellectual Property Act, increases penalties for civil and criminal counterfeiting and creates a new intellectual property enforcement coordinator at the federal level. While the law’s primary focus is counterfeiting...

FREE DOWNLOAD: Gilson LaLonde on Tiffany Ultimately Responsible for Protecting its Marks, So No Contributory Infringement by eBay

Enormous online marketplace eBay is not liable for contributory trademark infringement, though listings on its site offer counterfeit silver Tiffany jewelry for sale, according to a judge in the Southern District of New York. eBay had refused to preemptively remove certain listings of silver Tiffany...

Aaron Wood of Wood Trade Marks and Designs in London on recent IP rulings in Europe

On this edition, Aaron Wood of Wood Trade Marks and Designs in London discusses the recent ruling from a Paris court in the case between eBay and Louis Vuitton and other intellectual property actions in Europe and the U.K. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. (Please...

Recommended Reading: FASHION LAW, A GUIDE FOR FASHION DESIGNERS, FASHION EXECUTIVES AND ATTORNEYS

Community Members who follow the Fashion Industry Law page ( http://www.lexisnexis.com/Community/copyright-trademarklaw/landing-page.aspx?Item=301 ) would be well advised to delve into this new work. FASHION LAW is a comprehensive survey of the legal issues of the industry, covering not only US and...

Alibaba and the Forty Thousand Thieves: Combating Counterfeiting on B2B websites

For today's consumer goods product developer, counterfeiting is a huge concern. An essential part of any campaign against counterfeit goods is Internet enforcement. In this Analysis, David Starr and Gregory Bennett focus on the details of establishing and maintaining an effective approach to...

FREE DOWNLOAD - Complaint: Coach Inc., et al. v. Robina Boutique, et al., 1:10-cv-02476-RMB –JS (Dist. of New Jersey)

Yet another anti-counterfeiting case, but this case is especially interesting because, in addition to the trademark and trade dress claims, there is a true copyright infringement claim based on design elements. Read the complain in Coach. Inc. and Coach Services. Inc., v. Robina Boutique. Zafar...

FREE DOWNLOAD: 2.5M Settlement in Fendi Trademark Suit - Fendi Adele S.R.L. v. Filene's Basement, Inc., 2010 U.S. Dist. LEXIS 23478 (S.D.N.Y. Mar. 10, 2010)

Filene's Basement Inc. has agreed to settle the matter with Fendi Adele SRL for $2.5 million. The suit stems from accusations that Filene's Basement sold counterfeit goods with Fendi's trademark.

FREE DOWNLOAD: 2.5M Settlement in Fendi Trademark Suit - Fendi Adele S.R.L. v. Filene's Basement, Inc., 2010 U.S. Dist. LEXIS 23478 (S.D.N.Y. Mar. 10, 2010)

Filene's Basement Inc. has agreed to settle the matter with Fendi Adele SRL for $2.5 million. The suit stems from accusations that Filene's Basement sold counterfeit goods with Fendi's trademark.

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. City of Chicago, d/b/a New Maxwell Street Mark, et al., Case 1:10-cv-03108 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : COACH, INC. and COACH SERVICES...

Zero Tolerance this Summer in Italy for Buyers of Fake Luxury Good

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) of Law No. 80/2005 and subsequent amendments, an...

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.)

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 FLEA MARKET, SAI YUJ CHEN, GING FANG CHEN...

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. The Buyer's Market, Inc., an Illinois Corporation, d/b/a Buyer's Flea Market, et al., Case 1:10-cv-03781 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. THE BUYER'S MARKET, INC., AN ILLINOIS CORPORATION, d/b/a BUYER'S FLEA MARKET, and DOES 1 through100, Defendants...

Coach Sues Ritz Studio

Last week, Coach filed suit against Ritz Studio, an Illinois-based corporation, for copyright infringement, trademark infringement, trademark counterfeiting, trademark dilution, trade dress infringement, false designation of origin and false advertising, in addition to common law and Illinois state...

INTA Targets Teens In Anti-Counterfeiting Campaign

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 know, the International Trademarks Association...

Williams Mullen: 4th Circuit Upholds Convictions of Trademark Infringers for Combining Two Separate “Burberry” Marks on Bogus Luxury Goods

BY: JOHN STAIGE DAVIS, V Can a would-be trademark-infringer evade the trademark laws by superimposing facsimiles of two different trademarks of the same company into a single combined image, and maintaining that the combined image is legally distinguishable from the true ones? The answer, thankfully...

Mon Dieu: Chanel Accused of Counterfeiting

By Ashlee Froese of Gilbert's LLP France is known for its fashion. Perhaps more importantly within the fashion world, France is known as being one of the last remaining champions of the petites mains : highly skilled tailors and seamstresses that are the "behind the scenes" technicians...