MIAMI – A luxury goods manufacturer alleges online sellers are marketing counterfeit goods.
Michael Kors LLC filed a complaint on May 18 in the U.S. District Court for the Southern District of Florida against Christin Allen, codystore, HallSo, Nap Owl Shop, Holley Fashion, Ducky Worldwide, Emily Top Shop, rxilreal, et al. alleging trademark counterfeiting and infringement.
According to the complaint, the plaintiff alleges that it has suffered irreparable and indivisible injury and substantial damages and was caused erosion and destruction of the goodwill associated with its name and associated trademarks. The plaintiff holds Christin Allen, codystore, HallSo, Nap Owl Shop, Holley Fashion, Ducky Worldwide, Emily Top Shop, rxilreal, et al. responsible because the defendants allegedly promoted, sold, offered for sale and distributed goods bearing counterfeits and confusingly similar imitations of Michael Kors’ trademarks through various internet-based e-commerce stores. The plaintiff alleges the defendants’ infringing activities are likely to cause confusion, deception, and mistake in the minds of consumers, the public and the trade.
The plaintiff requests a trial by jury and seeks temporary, preliminary and permanent injunctions enjoining defendants from manufacturing, distributing, selling or offering to sell their counterfeit goods; an order requiring defendants' seller IDs be disabled; an order requiring defendants to account to and pay plaintiff for all profits and damages; attorneys’ fees and costs; prejudgment interest and for any further relief as 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-61059