Archive for the ‘Anti-Counterfeiting’ Category

 

Clothing Designer Wins Lawsuit Against Online Counterfeiters

Posted June 11th, 2011


Another score for trademark holders has been racked up in the anti-counterfeiting arena.

As reported by Techcrunch.com: “Women’s clothing designer Tory Burch has been awarded $164 million in damages from online counterfeiters that have been selling copies of her shoes, bags and clothing on the web. According to Women’s Wear Daily, this is the largest amount of money awarded to a fashion designer for damages from online counterfeiters. For background, in 2008, eBay was forced to pay Louis Vuitton $61 million over the sale of counterfeit bags and accessories on the auction marketplace.

Tory Burch filed lawsuit in December 2010, alleging trademark counterfeiting and cybersquatting by a group of counterfeiters (believed to be based in China) that had set up hundreds of websites selling fake Tory Burch goods.”

Click HERE to read the full article.

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Posted in Anti-Counterfeiting, Cybersquatting, trademark issues by  

 
 

Analysis From a Brand Owner Perspective of Tiffany v. eBay

Posted December 9th, 2010


This article originally appeared on LAW.COM. Re-posted with permission by the author.

Supremes Say: ‘You’re On Your Own’ — Analyzing Supreme Court’s Decision Not to Review Tiffany v. eBay

by Janet Satterthwaite

December 08, 2010

In Tiffany v. eBay, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling in favor of eBay Inc. on the key issue of contributory trademark infringement, as well as direct infringement and dilution, but remanded on the issue of false advertising.

On Nov. 29, the Supreme Court declined to review the case, in effect leaving brand names unprotected against the sale of counterfeited goods bearing their names on eBay.

The upshot of the holding is that despite a general knowledge that a significant percentage of Tiffany & Co. goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales unless and until a specific instance of fraud was brought to its attention. The fact that eBay did take prompt action after reports of counterfeits and invested in quality control influenced the court to find that eBay was not willfully blind to the existence of counterfeits.

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ICANN Down Under

Posted July 27th, 2009


Recap of Sydney ICANN Meeting — Critical Issues for Businesses
By Mike Rodenbaugh

The ICANN community gathered in Sydney in late June, for the second of three scheduled meetings in 2009.  The primary topics of conversation were the newly hired CEO, and several issues related to the introduction of new top-level domains (TLDs) coming in 2010.  The hot issues about new TLDs involve protection against cybersquatting, protection of the public from expanded opportunity to maliciously abuse the DNS, the introduction of Internationalized Domain Name (IDN) TLDs, and registry-registrar structural separation.  These issues are included among the 8 public comment periods currently open HERE (and 18 recently closed!)

There is plenty going on at ICANN these days, so here’s an update on the most critical issues for businesses of all shapes and sizes.  A broader update published monthly by ICANN policy staff is HERE.  The current timeline for new TLDs calls for a final version of the Applicant Guidebook by end of 2009, and applications from would-be operators in March 2010, with new TLDs coming live in the latter half of 2010.  Clearly ICANN staff and community have much work yet to do, and soon, if this schedule is to become reality.

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Posted in Anti-Counterfeiting, CCTLD's, Conferences, Cybersquatting, Enforcement, gTLDS, ICANN, Internet Security, Registrars, Registries, UDRP by  

 
 

Trademarks in Chinese Cyberspace

Posted April 1st, 2009


If you are like many companies, you get emails regularly from Hong Kong or China that look like this:

We are a professional Internet consultant organization in Asia, which mainly deal with the global companies’ domain name registration and internet intellectual property right protection. Currently, we have a pretty important issue needing to confirm with your company. On 2009-03-23, we received an application formally; one person named “Jacques Tits” wanted to apply for the Internet brand “[YOUR BRAND] ” and some domain names through our body. During our preliminary investigation, we found that these domain names’ keyword and internet brand is identical with your trademark. I wonder whether you consigned “Jacques Tits” to register these domain names through us or not? Or is “Jacques Tits” your business partner or distributor in Asia? Currently, we have postponed this application of this company temporarily already. In order to deal with this issue better, please let the principal make a confirmation with me by telephone or email ASAP. In addition, I must state that we have time limited for one person or one company’s registration. It is just 15 days. If your company files doesn’t resent within the time limited. We will unconditionally authorize the application of “Jacques Tits”.

We asked Hong Kong resident and all around good guy, Joe Simone to fill us in from the front lines and to provide some insights on IP rights protection. Joe is a Partner, Baker & McKenzie, Beijing/Hong Kong.

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Posted in Anti-Counterfeiting, CCTLD's, Cybersquatting, Domain Sales and Auctions, Enforcement, ICANN, INTA, Internet Security, UDRP, WIPO by  

 
 

Who Should Monitor Online Counterfeiters?

Posted March 20th, 2009


By Alison Arden Besunder and Loni J. Sherwin
Excerpt posted with permission from the New York Law Journal.

Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of “policing” online counterfeit activity.

Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. Go to the New York Law Journal for the article in it’s entirety.

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Posted in Anti-Counterfeiting, Enforcement, Internet Security by  

 
 

It’s Time to Embrace a New Beast: Web 2.0

Posted March 3rd, 2009


“Domain names, auctions, replica sites, keyword advertising, email”…to an in-house counsel team dealing with counterfeits on the Web, these terms often are read instead as “cybersquatting, distribution of counterfeits, counterfeit site, improper use of trademarks, spam.”

All of these Internet and Web platforms compete for our time and resources as in-house counsel and can make one believe that there is little on the Web that is not primarily used to help defraud or scam consumers and brands alike.  While we know this is not true – that the vast majority of uses are legitimate (okay, excepting replica sites, where the reverse is generally true) – it is easy nonetheless to become jaded and distrustful.
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Posted in Anti-Counterfeiting, Cybersquatting, Enforcement, Internet Security, Social Networks, Web 2.0 by