Florida Record

Thursday, July 18, 2019

Toms wins $1 million damages vs online seller accused of selling knockoff products, violating trademark


By Marian Johns | May 9, 2019

MIAMI — A federal court has granted a motion for default judgment and agreed that $1 million in statutory damages was "just" in a case alleging counterfeiting infringement of the TOMS trademark by an Internet-based e-commerce store selling and marketing items in South Florida. 

According to the April 30 U.S. District Court for the Southern District of Florida filing, plaintiff Mycoskie LLC asked the court to enter final default judgment in its case against defendants 2018prettycat, et al, who failed to respond to plaintiff's lawsuit. 

Mycoskie alleges 2018prettycat marketed and sold products in South Florida with counterfeit and "confusingly similar" trademarks as their "TOMS" registered marks through its online stores on eBay.  Mycoskie hired a licensed private investigation firm to look into the counterfeit marketing and sale of its TOMS branded items by placing orders for the goods online and having them shipped to addresses in the Southern District of Florida, according to the court filing. 

In its lawsuit, Mycoskie alleges trademark counterfeiting and infringement, false designation of origin and common law unfair competition for which it requested an award of $1 million in statutory damages against each defendant who infringed on their trademark. 

The court agreed, with U.S. District Judge Beth Bloom concluding the evidence in the case demonstrated counterfeiting of the TOMS marks and that the "public interest supports the issuance of a permanent injunction" for the defendants. 

The court granted Mycoskie's motion for default judgment and the requested equitable relief. 

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