HERMÈS AND BURBERRY FIGHT ONLINE COUNTERFEITING


Although fashion companies may not be able to completely stop and avoid online counterfeiting, those that have the money and time to pursue a legal suit against online counterfeiters are having success lately. 

Just recently, the French maison Hermès, has won US$ 100 million in damages and a permanent injunction in an action against 34 websites that sold counterfeit products of the brand.  The websites, that sold at least nine types of Hermès counterfeit goods, included DiscountHermesBag.com, HermesOutlet.org, HermesOutletBags.net, Outlet-Hermes.net, among others. 

The Defendants were guilty of US federal trademark counterfeiting and infringement, false designation of origin, trademark dilution and cybersquatting.

Additionally, the Court ordered that the domain names be permanent transferred to Hermès; that all the money restrained in the Defendants' Paypal account be released to Hermès (as part of the payment of the damages); that domain name registries and third party providers permanently cease rendering services to Defendants; and that Internet search engines and social networks, such as Google, Yahoo, Facebook and Google+, de-index and remove any search result pages for the offending websites from their search results.

In a similar case, the British house Burberry was awarded US$ 180 million against Chinese companies that sold counterfeit products online.  As a result of this judgment, 236 domain names were transferred to Burberry.  

These cases are definitely  not going to end online counterfeiting, but they do set precedents and examples for future cases, in addition to play a role of de-motivation for infringers. 

The case: 
Hermes International  v.  John Doe, 12-CV-1623(DLC) (SDNY April 30, 2012)


Source: Olshan Law








No Response to "HERMÈS AND BURBERRY FIGHT ONLINE COUNTERFEITING"

Post a Comment

FASHION LAW NOTES Ⓒ 2013. All rights reserved. Blog Milk Design. Powered by Blogger.