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FLORIDA RECORD

Thursday, April 25, 2024

Federal suit alleges counterfeiters are selling bogus brand-name luxury products on the internet

Lawsuits
Trademark 09

FORT PIERCE – Several makers of famous label brands, including Cartier and Van Cleef & Arpels, recently filed a federal suit accusing several individuals, partnerships and businesses, including a Chinese-based company, of selling counterfeit products bearing famous brand names on the internet. 

The complaint, filed on Oct. 11 in the U.S. District Court for the Southern District of Florida, contends that individuals promoted, sold and offered for sale and distribution goods "bearing and/or using counterfeits and confusingly similar imitations" with famous label trademarks. The knock-off goods were sold in Florida "through various fully interactive commercial internet websites and supporting domains operating under their individual, partnership, and/or business association names." According to court documents, 64 different URLs were being used to sell the goods. 

The knock-off products included watches, jewelry, and clocks bearing such brand names as Cartier, Lange, Piaget, Montblanc Van Cleef & Arpels, Panerai A.G. and Chloe, according to the complaint. 

The plaintiff companies are seeking damages and injunctive relief.

The suit claims that, "through the sale and offering for sale of counterfeit and infringing versions of its branded products, the defendants are directly, and unfairly, competing with the economic interests in the State of Florida and causing harm within this jurisdiction." Adding that by doing so, "This is an action for federal trademark counterfeiting and infringement, false designation of origin, cybersquatting, common law unfair competition, and common law trademark infringement."

According to the lawsuit, the defendants "operate through domain names registered with registrars in multiple countries and are comprised of individuals and/or business entities of unknown makeup." It is believed that the websites operators reside in "foreign jurisdictions" including the People’s Republic of China.  Adding, that the defendants are "concurrently employing and benefiting from substantially similar, and often times coordinated, paid advertising and SEO strategies based, in large measure, upon an illegal use of counterfeits and infringements" in an effort to make their websites seem legitimate. 

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