As reported by Megan Rannard for AIPLA Newsstand (see link to Lexology blog here), The U.S. District Court for the Southern District of New York has ruled in favor of Chanel in a case against What Goes Around Comes Around (WGACA) for trademark infringement, false association, unfair competition, and false advertising.
Chanel has been awarded $4 million in statutory damages and WGACA has been issued a permanent injunction to refrain from misleading consumers into believing there is an affiliation with Chanel. Prohibited activities include using Chanel trademarks in hashtags, photos, discount codes, and event props. WGACA must include disclaimers on web pages and physical tags for Chanel-branded items, and stop selling counterfeit items.
They must also pay Chanel profits from selling identified counterfeit items. The judgment is expected to lead to further challenges against resale businesses using third-party trademarks without authorization. Chanel expects WGACA to comply with the judgment and take responsibility for identifying and not selling counterfeit Chanel products.
If you feel that your company is being taken advantage of like Chanel was, our trademark and intellectual property experts at Enoch Tarver can help protect your business. We understand how to protect your property by applying the law, working with the various state and federal agencies, and creating effective contracts.
Registering your Trademark with the United States Patent and Trademark Office (USPTO), a State Trademark Office, or even internationally provides certain legal protections for your brand and guards against counterfeits, fraud and confusion as to who or where the goods/services are actually originating. Our legal experts can guide you through the process and help ensure you are properly safeguarded.
At Enoch Tarver, we believe in listening before we speak, considering our clients’ goals above our own, and always trying to prevent problems before they happen. Contact us today to get started on your trademark and intellectual property case.
