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Sunday, March 29, 2020

Swiss watchmaker LVMH files trademark suit in Florida federal court against dozens of online retailers


By Karen Kidd | Oct 30, 2018


FORT LAUDERDALE — A Swiss watch and jewelry manufacturer is suing dozens of online retailers in a federal court for allegedly selling counterfeits of its products.

The online retailers named in LVMH Swiss Manufactures' lawsuit fills the first four pages of the 39-page trademark and property rights litigation, filed Oct. 22 in the U.S. District Court for Florida's Southern District, Fort Lauderdale Division. The named defendants—comprised of individuals, partnerships, business entities and unincorporated associations—are accused of promoting, selling, offering for sale and/or distributing "counterfeits and confusingly similar imitations" of LVMH's trademarked products, the lawsuit said.

LVMH, based in La Chaux-de-Fonds, Switzerland, "sells its genuine high-quality products to consumers throughout the United States, including within the State of Florida and this district," the lawsuit said. "Defendants, through the sale and offering for sale of counterfeit and infringing versions of plaintiff's branded products, are directly, and unfairly, competing with plaintiff's economic interests in the State of Florida and causing plaintiff harm within this jurisdiction."

The defendants operate under online domain names registered in multiple countries, according to the lawsuit. "Defendants direct their business activities towards consumers throughout the world, including the United States and within this district through the simultaneous operation of at least the fully interactive commercial Internet websites existing under the Subject Domain Names," the lawsuit said.

LVMH is asking the court for a temporary restraining order, the disabling and delisting of the domains, and for the defendants to account for and pay LVMH for all damages resulting from the alleged trademark infringements. LVMH also asked the court for an award of pre-judgment interest on the judgment amount.

The case is assigned to U.S. District Court Judge William Dimitrouleas.

The lawsuit was filed on behalf of LVMH by Fort Lauderdale Attorneys Stephen Gaffigan, Virgilio Gigante, and Raquel Wiborg-Rodriguez under case no. 0:18-cv-62534-WPD.

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U.S. District Court for the Southern District of Florida Fort Lauderdale Division