Another victory for Louis Vuitton! You may recall that Louis Vuitton has been involved in a major counterfeiting lawsuit stemming from a December 6, 2010 complaint filed by the French luxury giant with a primary focus on the misappropriation of its LV Monogram (and their trademark). The case centers around an elaborate counterfeiting scheme allegedly run by husband and wife, Jianyong Zheng and Alice Bei Wang, and includes other China-based, Texas-based and California-based companies that the defendants have an interest in, including others that bought counterfeit bags from Zheng and Wang.
The suit is taking place in front of the U.S. International Trade Commission following a Section 337 investigation, which is conducted by the ITC and most often involves claims regarding intellectual property rights, including allegations of trademark infringement by imported goods. LV is the first to be involved in a suit of this kind. WWD reports that the ITC ruled in Louis Vuitton’s favor and the French company is “seeking a permanent exclusion order against the importation of the infringing products, as well as a cease-and-desist order against the companies.”
In accordance with Section 337, the primary remedy available is an exclusion order that directs Customs to stop infringing imports from entering the US. In addition, the Commission may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337. A decision on remedies has not yet been made.
Louis Vuitton's global intellectual property director Valerie Sonnier said that the ruling is significant in protecting the brand: "The chief administrative law judge recognizes the importance of protecting intellectual property and took the welcome step of ensuring that its orders include all merchandise that infringes on our Toile Monogram Marks, and not just products of the respondents in this case.” More info. to come ...