QuoteReplyTopic: Tiffany & Co. Sues Counterfeiters Posted: January 23 2013 at 10:10am
Tiffany Sues
36 Websites for Selling Counterfeits
On
Jan. 7, Tiffany & Co. filed suit in Florida federal court against
36 websites it claims are selling counterfeit versions of its
products—the latest in a series of suits whose costs the jeweler calls
“staggering.”
The websites, with URLs which illegally incorporate the Tiffany name in the dotcom titles,
are “promoting, selling, offering for sale, and distributing goods
bearing counterfeits and confusingly similar imitations of Tiffany’s
trademarks,” says the suit.
It alleges federal trademark infringement
and counterfeiting, false designation of origin, cyber-squatting, and
common law unfair competition.
Tiffany & Co. believes that
people behind the sites mostly reside in the People’s Republic of China,
and it believes they provide “false and misleading information” when
applying for domains. The legal papers take note of the difficulty of
policing trademarks in the online era.
“The recent explosion of
counterfeiting over the Internet has created an environment which
requires Tiffany to file a large number of lawsuits, often it later
turns out, against the same individuals and groups,” the papers say.
“The financial burden on Tiffany and companies similarly situated is
staggering, as is the resulting burden on the Federal court system.”
The suit seeks to permanently enjoin the people behind the
websites, who are listed as “John Does,” from establishing future sites
with the Tiffany mark. It also asks that the sites be disabled, their
domains be removed from search engines, and that the contents of their
PayPal accounts be emptied and turned over to Tiffany.
Earlier
this month, a group of brands under the Richemont umbrella won a $100 million default judgment against a series of sites it
claimed were selling counterfeit versions of its watches.
That which doesn't kill you makes you stronger or drives you totally insane. :-)
I completely understand how incredibly time consuming and expensive it can be to go over the counterfeiters and spammers. At HairTalk someone spends a lot of time everyday trying to find spamming posts about counterfeit shoes, perfume, handbags, hair...you name it.
I'm not sure how much good the Tiffany lawsuit can do to stop the sites in the People's Republic of China but maybe it will ultimately stop them from posting spam here about counterfeit jewelry and I would be very happy to see that.
Kudos to Tiffany. I just hope some of the other companies like Coach follow the lead of Tiffany and file lawsuits.
Agree? Disagree? Thoughts?
That which doesn't kill you makes you stronger or drives you totally insane. :-)
I agree, I know a lot of people like getting deals on products that are costly but it isn't fair to the manufacturers and owners of these labels. None of us like being ripped off and taken advantage of, if someone ripped off my business I would want to seek justice and retribution as well.
Also it's isn't fair to the customers who believe they are getting real products and are paying high prices for something that isn't what they thought. I would be very angry if my expensive bags and shoes were fakes after I shelled out all that cash.
It is very difficult to stop these counterfeits from being sold. In places like China and even Flea markets there is an abundance of fake name brands that look like the real thing. I doubt a company would be able to completely wipe out the fakes but taking legal action is a step in the right direction to show these criminals they mean business.
Thanks so much for your response. This is such a difficult position and you have made some great points. I am not sure how a lawsuit from Tiffany or Coach or similar will help stop the counterfeiting because it is everywhere.
In fact, a friend of mine who is an alcohol distributor says that there is a rising problem in liquor counterfeiting. Who knew?
I do know that our HairTopia vitamins are made from ingredients we have to have independently tested to determine if they are the real deal. Scary. That scares me more than counterfeit handbags because I'm putting it into my body. Ditto with the alcohol.
My big question is do people understand all the ramifications of counterfeiting? Do they care? Are counterfeit products as good as the original item and does it hold up as long?
That which doesn't kill you makes you stronger or drives you totally insane. :-)
I think in general consumers don't really know the ramifications of buying counterfeits (if they know that they are counterfeits) and even then they might figure that the consequences and blame lies with the seller instead of them. Some people buy them because they want a good price on a pricey item and if they are getting that I doubt they care where it came from.
I think the people who care more are the companies that have their products ripped off and the consumers who end up with fakes when they expected the real thing. If I ended up with a fake Tiffany pearl necklace I'd make it my business to learn about the ramifications and what actions I could take if any to rectify it.
I think the people who sell these products have a slight understanding of the consequences, at least the ones in the countries who make it known that any form of bootlegging is against the law. Countries like China who are governed by different laws may not be fully aware of the ramifications.
Others just don't care! They are making money and they may figure with so many other people doing it, it is common practice and they won't get caught.
I've seen bootlegged movies everywhere! No one says anything about it being illegal they walk by as if it is completely normal.
In a mall here in Toronto there were a few stalls selling bootleg DVDs and hand bags, they had been there for a long time and when the police finally cracked down on them within a couple weeks they were back at it in the same location. Maybe to them the money is more important then the sentence even if they do know about it.
Edited by Ericachristina - January 24 2013 at 5:09pm
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Check out this post: Lawsuit Attempts to Block Harry Winston Acquisition of Ekati
The man generally credited with discovering the Ekati mine has commenced legal action to block Harry Winston’s acquisition of the Canadian diamond deposit.
In November of 2011, Winston announced it would purchase Ekati from current owner BHP Billiton for $500 million.
But Charles Fipke—the pioneering geologist who still retains a 10 percent interest in the mine—has commenced an action in the Ontario Superior Court of Justice against Winston and BHP, who he claims have disregarded his rights to the mine.
The suit, which was disclosed in a Winston news release, seeks a court order blocking the sale unless BHP Billiton provides Fipke with a revised offer.
The parties have entered into an agreement that calls for the case to be resolved on an expedited basis, aiming for a final ruling before April 15. 2013.
The agreement provides that, if the court rules in favor of Winston and BHP Billiton, the mine’s purchase can be completed before May 15.
Dr. Stewart Blusson and Archon Minerals Ltd., the other minority stakeholders in the mine who are also cited in the lawsuit, are not contesting the deal, the release added.
“[Winston] and BHP Billiton believe that the claim by [Fipke’s company] Fipco is entirely without merit, and intend to vigorously defend the action in order to proceed with the purchase and sale of the Ekati Mine,” said the Winston statement.
On Jan. 14, 2013, Winston announced it was selling its retail and jewelry division to Swatch, and eventually changing its name to Dominion.
The company’s CEO, Bob Gannicott, later told Bloomberg Businessweek he is looking at purchasing the remainder of Diavik, another big mine in the area. His company currently owns 40 percent of that property.
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