Padis succeeds Lisa Bridge, marking the first time the organization has had two women board presidents in a row.
Brands win injunction in cyber counterfeiting case
Six brands under the Richemont Group umbrella recently scored a victory in what their attorney is calling a “landmark” case in the ongoing battle against an online sale of counterfeit luxury goods.
Los Angeles--Six brands under the Richemont Group umbrella recently scored a victory in what their attorney is calling a “landmark” case in the ongoing battle against the online sale of counterfeit luxury goods.
In a ruling dated Oct. 8, a judge in U.S. District Court for the Central District of California issued a summary judgment and permanent injunction against Saudi Arabia-based Sawabeh Information Services Co. (SISCOM) and Pakistan-based TradeKey (Pvt.) Ltd. effectively barring SISCOM-owned websites from selling merchandise bearing the Cartier, Montblanc, Panerai, A. Lange & Söhne, Chloè and Alfred Dunhill trademarks.
The brands’ attorney Susan M. Kayser, a partner at Jones Day in Washington, said the ruling is significant because, in the past, defendants in these types of cases argued that they couldn’t be held liable for counterfeit goods sold on their sites unless they received notice of a specific infringing listing.
One of the most well-known cases in this arena was the lengthy legal battle between Tiffany & Co. and online auction site eBay, a case in which the courts eventually ruled that eBay was not responsible for trademark violations when its users sold counterfeit Tiffany merchandise via the site.
“Our position was, you have knowledge,” Kayser said. “You have knowledge because you are aware of what’s going on on your website. You are allowing and facilitating these counterfeiters on this site and this can’t be allowed. You have to take responsibility for what’s on your website.”
“This is very different from Tiffany v. eBay. We think it’s a big victory for brand owners and consumers."
However, SISCOM’s attorney, Erik Syverson at Miller Barondess LLP in Los Angeles, said he and his clients completely disagree with the court’s ruling and, in their eyes, the case is not settled. He said they “considering all options” going forward.
“Followed to its logical conclusion, this ruling requires websites that permit user-generated advertising to proactively screen for infringing or counterfeit items listed for sale. That is not the law. The law has always required that trademark owners perform such a function,” he said.
According to court papers filed in the case, SISCOM owns TradeKey.com and the mirror sites SaudiCommerce.com and B2BFreeZone.com. These sites function as business-to-business websites that solicit wholesale buyers and sellers worldwide to become paying members and then help them to sell products en masse.
Tipped off by what Kayser described as the “pure magnitude” of
Though none of the 18 individual sellers ever answered the complaint or appeared in court, the court granted a default judgment against these sellers in April 2012, granting “very broad” injunctive relief that prevented them from using the trademarks in any listing, forcing them to turn over their domain names and granting the brands a monetary award, said Kayser.
From there, she said the Richemont labels pursued their case against SISCOM and TradeKey.
According to court papers, an investigator hired by the brands found more than 6,000 sellers offering branded products on TradeKey.com, including more than 850 offering Panerai-branded goods, 500 selling Montblanc, 1,900 offering Cartier and at least two premium members with A. Lange & Söhne-branded goods.
None of the sellers were authorized by these companies to sell genuine goods bearing their trademarks, court papers state. In addition, the investigator actually purchased five Panerai, two Montblanc and four Cartier watches from a variety of sellers on TradeKey.com, and each of the brands confirmed that these products were fakes.
As of Monday afternoon, watches and jewelry under the trademarks Cartier, A. Lange & Söhne, Montblanc and Panerai appeared to have been removed from the sites.
A search for products under those brand names pulled up either blank pages or a message that read “This page has been permanently removed!” and a link to a Product Posting Policy.
While the court issued a permanent injunction and summary judgment, the judge deferred issuing any kind of monetary award in the case.
Kayser said they plan to move separately for damages at a later time. “The big thing here is we got incredibly broad injunctive relief, which is what the client wants,” she said.
The Latest
Jesse Cole, founder of Fans First Entertainment, shared the “five Es” of building a fan base during his AGS Conclave keynote.
The Royal Oak Perpetual Calendar "John Mayer" was celebrated at a star-studded party in LA last week.
With Ho Brothers, you can unlock your brand's true potential and offer customers the personalized jewelry experiences they desire.
The announcement came as the company reported a 23 percent drop in production in Q1.
The three-time Pro Bowler continues to partner with the retailer, donating to a Detroit nonprofit and giving watches to fans.
A double-digit drop in the number of in-store crimes was offset by a jump in off-premises attacks, JSA’s 2023 crime report shows.
For over 30 years, JA has advocated for the industry, fought against harmful legislation and backed measures that help jewelry businesses.
Inspired by the Roman goddess of love, the designer looked to the sea for her new collection.
The luxury titan posted declining sales, weighed down by Gucci’s poor performance.
The selected nine organizations have outlined their plans for the funds.
The mining company’s Diavik Diamond Mine lost four employees in a plane crash in January.
The crown introduced a dozen timepieces in Geneva, including a heavy metal version of its deep-sea divers’ watch.
Emmanuel Raheb recommends digging into demographic data, customizing your store’s communications, and retargeting ahead of May 12.
Located in the town of Queensbury, it features a dedicated bridal section and a Gabriel & Co. store-in-store.
A 203-carat diamond from the alluvial mine in Angola achieved the highest price.
Ruser was known for his figural jewelry with freshwater pearls and for his celebrity clientele.
The “Rebel Heart” campaign embodies rebellion, romance, and sensuality, the brand said.
Editor-in-Chief Michelle Graff shares the standout moments from the education sessions she attended in Austin last week.
The overhaul includes a new logo and enhanced digital marketplace.
The money will go toward supporting ongoing research and aftercare programs for childhood cancer survivors.
A new addition to the “Heirloom” collection, this one-of-a-kind piece features 32 custom-cut gemstones.
Last month in Dallas, David Walton pushed another jeweler, David Ettinger, who later died.
The move will allow the manufacturing company to offer a more “diverse and comprehensive” range of products.
From now through mid-May, GIA will be offering the reports at a 50 percent discount.
De Beers’ rough diamond sales were down 18 percent year-over-year in its latest round of sales.
Sponsored by the Las Vegas Antique Jewelry & Watch Show