Louis Vuitton Wins with the ITC

I want to work for Louis Vuitton… just putting it out there. Not to pester people, as they did with the UPenn case, but because their legal department is very active in policing and setting trends in trademark. Certainly this is no coincidence. I would be willing to bet Louis Vuitton is in the top 5 most heavily counterfeited brands in the entire world. The only brand I could see possibly beating out LV is Gucci… which is ALSO in litigation at the moment.

Louis Vuitton just won a huge ruling in the world of counterfeiting. They have expanded their reach beyond confiscation and damages, as is the normal remedy in counterfeiting cases. The International Trade Commission in the US will begin penalizing companies that enable trade of infringing goods. In effect, this should slow down counterfeit imports by making the middle men police the market to avoid sanctions.  I suspect we will see Louis Vuitton bringing suit against eBay and PayPal soon.
Here’s the problem. This ruling seems to run directly COUNTER to the Tiffany Inc. v. eBay, Inc. decided in the Second Circuit in 2010. The court reasoned that eBay itself did not sell the counterfeit goods and therefore could not be held liable. This ITC ruling seems to be saying the exact opposite. Understanding that these are two separate jurisdictions, I wonder if we will see an increase of these cases before the ITC instead of the New York Courts. Stay tuned!!!

Source: British Vogue