MIAMI – The licensee of TOMS shoes is suing several e-commerce stores over allegations of trademark infringement.
Mycoskie LLC filed a complaint on March 11 in the U.S. District Court for the Southern District of Florida against huangfen19790425, mdjshanghai, 6hk5600, gofest, bbigsale880618, bbigsale880618, topservice0727, tradeallday1985, et al., citing alleged trademark infringement, false designation of origin and unfair competition.
According to the complaint, the plaintiff alleges that it has suffered and will continue to suffer irreparable injury to its goodwill and business reputation, as well as monetary damages until a decision is rendered in its favor. The plaintiff holds the defendants responsible because they allegedly reproduced, advertised and offered for sale goods bearing counterfeited Mycoskie’s trademarks to consumers through Internet-based e-commerce stores and provided misleading information to their third-party marketplace websites.
The plaintiff seeks the following: an order of temporary, preliminary and permanent injunctions enjoining defendants from infringing, counterfeiting, or diluting the TOMS marks; an order requiring defendants' seller IDs to be disabled; compensation for all damages, attorneys' fees and costs, prejudgment and post-judgment interest and any other relief that the court may deem just and proper. It is represented by Stephen M. Gaffigan, Virgilio Gigante and Christine Ann Daley of Stephen M. Gaffigan PA in Fort Lauderdale.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60498