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Recently, many multinational fashion or luxuries corporations sued internet vendors, many of which are Chinese, in Illinois State on the grounds that these vendors allegedly sold counterfeit versions of their products, used their trademarks on the counterfeit products without authorization, and intentionally designed the store websites to make the vendors look like authorized internet stores. The background and cause of action in these cases are significantly similar and even the complaints are nearly identical. This LV case could be a typical example.
LVMH and its wholly owned subsidiary Hublot SA alleged that several Chinese internet vendors (individuals and business entities) (Defendants) imported, distributed, offered for sale and sold counterfeit versions of LV’s products and used LV’s trademarks on these products without authorization on their internet stores throughout the U.S. To confuse consumers, Defendants allegedly designed their websites in a way that could make them appear to be authorized online sellers and make it difficult for consumers to distinguish between counterfeit websites and LV’s authorized websites. To evade rights enforcement efforts, Defendants allegedly concealed their identities by using fake addresses and names, often registering new domain names, operating multiple credit card accounts, moving website hosting to rogue servers located outside of the U.S., and maintaining off-shore bank accounts, etc. Without even precisely identifying each of the Defendants, LV filed a lawsuit against them for trademark infringement and product counterfeiting under the Lanham Act and the Illinois Uniform Deceptive Trade Practices Act. This case was filed with an Illinois District Court.
Written by Derek Tai
