Monday, November 03, 2008

An important case with "counterfeit" trademarks; could affect online advertisers and bloggers, too

The legal blog of Vcorp services reports that Louis Vuitton, a leather goods company, has been awarded $3 million in statutory damages (plus attorneys fees) for trademark infringement against Marco Leather Goods Ltd., Coco USA Ltd. and the principals Chong Lam and Joyce Chan. The legal question here seemed to be “trademark counterfeiting,” which is apparently the attempt to create “ripoff” products that resemble the original. The concept would be similar to what happens in the web when another party registers a domain name, slightly misspelled, in bad faith to divert traffic.

The Vcorp story is here.

LexisNexis has a similar story in its Trademark Law Center here.

I could not find the opinion readily, but here is a cease-and-desist order (PDF link) related to the case back in Feb 2008. It makes interesting reading.

Here is a somewhat related story (earlier, date 9/5/2006) about the downstream consequences for publishing contextual ads with Adwords, here. The story is important to online advertisers (heed the implied warning!)

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