Gucci Files Suit, Service via Facebook is Not Ok

 Apparently, luxury design houses suing individual counterfeit sellers is a thing now. We told you that Louis Vuitton filed two major lawsuits in a Southern Florida federal court against over 1,000 defendants earlier this month, many of which were the operators of domains that sell trademark infringing goods. Also listed as defendants in the suit: individual iOffer sellers. (FYI - iOffer is an online marketplace). Well, as of last week, Gucci is doing the same. The Italian design house's American division filed suit in the Florida Southern District Court against 100 defendants, including both web domains (such as guccisshop.com, googlesunglass.com and hotbrands4u.net) and against individual iOffer merchants. Thanks to some fairly new case law, while filing suit against individual sellers (as well as websites) hawking fake goods is easier than ever, service via Facebook alone is not acceptable.  

In a lawsuit that Paris-based design house Chanel filed in a Southern Florida federal court in May against one thousand domains selling counterfeit Chanel wares, Judge Joan A. Lenard allowed the service of the summons and complaint on the defendants via email to the email address associated with the domain. This standard (which may only be allowed where the plaintiff demonstrates that service via email is likely to reach the defendant) remedies a common problem that plaintiffs face in cases against unknown defendants (aka ones hiding before websites) and/or defendants located outside of the U.S. Earlier this year, in case that the Federal Trade Commission brought against a number of Indian defendants, the FTC was allowed to serve the remainder of the documents in the case (additional pleadings, motions, notices) to the defendants via email and Facebook. 

More recently, a federal district court in Kansas held that service via Facebook alone is off the table. In Joe Hand Promotions, Inc. v. Carrette, Joe Hand sued Carrette for unlawful broadcasting. After several unsuccessful attempts to serve Carrette, the plaintiff sought permission to serve via Facebook. As of July 13th, the court denied Joe Hand's request, stating that no US court has allowed service via Facebook only, and also cited concerns regarding the reliability of Facebook (stemming from the ability of anyone with an email address to "create a profile using real, fake or incomplete information." So, for the time being service via Facebook is off limits, but considering the fact that publication in a newspaper is sufficient in some instances, service via Facebook will likely be an option in the not-so-distant future. 

images courtesy of gucci

Louboutin Files One of Its First Post-YSL Lawsuits

 The Fashion Law Exclusive - It's been a little while since we've heard any legal news on footwear designer to the stars, Christian Louboutin, following the infamous court battle with Yves St. Laurent, but the wait is over. Paris-based Christian Louboutin S.A.S. filed suit last week in the Southern District of New York against Alba Footwear, Easy Pickins, Inc., and Alan H. Warshak, stemming from the sale of red-soled shoes. Harley Lewin, Louboutin's counsel from the YSL case, filed a trademark infringement suit on behalf of the footwear designer, alleging that the defendants manufactured and sold counterfeit versions of Louboutin's products bearing its red sole trademark. This is one of the first lawsuits following the September 2012 ruling that Louboutin's red sole is, in fact, a valid trademark. Louboutin is asking for $2 million in damages, injunctive relief and additional damages. 

Louboutin's Lady Spiked Leopard-Print Pump (left) & Alba's version (right)

It is worth briefly mentioning that this is a trademark infringement case, as opposed to a copyright infringement case. While Alba's styles, one of which is oh-so-interestingly named "Christian," are near replicas of Louboutin styles, that similarity is not at issue. Because the overall design/appearance of Louboutin's shoes is not protected by copyright law (or any other law) in the U.S., the designer's lawsuit is exclusively limited to the replication of the red sole. As such, if Alba has recreated the Louboutin Lady Spiked Leopard-Print Pump, much like it did above, but without the red sole, this would be perfectly legal. 

Courtney Love Talks Saint Laurent Fall '13

 The Fashion Law EXCLUSIVE - The overwhelming response to Hedi Slimane's latest collection for Saint Laurent: It is an undeniable ode to Courtney and Kurt and the grunge look they perfected in the 1990's. So, amidst all of the love-hate reviews, we went to the source for an expert opinion on the collection. No, not Hedi, but Courtney Love Cobain, herself. The singer, much like the majority of people who have seen the collection, has strong feelings about it. Of the Fall 2013 wares, she said yesterday: "The girl in the brown coat says it all. I love it. It reminds me of Value Village. Real grunge. I love that rich ladies are going to pay a fortune to look like we used to look when we had nothing."

The singer goes on to compare Slimane's take on grunge to that of Marc Jacobs (who showed his rendition of grunge on the Perry Ellis runway in 1992) and Anna Sui (who showed grunge for Spring 1993): "Hedi is a genius. No offense to MJ but he never got it right. This is what it really was. Hedi knows his shit. He got it accurate, and MJ and Anna did not." Love's only qualms about the collection: "There's no bloody gowns. I guess I have to wear Pre-Fall." Well, there you have it - the collection has Love's approval. Our only question: When can we expect a Courtney Love for Saint Laurent campaign?!

The Entire Saint Laurent Fall 2013 Collection

     As Paris Fashion Week comes to a close, it's here ... Hedi Slimane's Fall 2013 collection for Saint Laurent. Love it or hate it? I love Hedi Slimane's; his no apologies use of heroin-chic models, his "I don't give a damn attitude," his rock n roll aesthetic, etc., but this is hardly more than a glorified mash up of random articles of clothing from the 1990's - albeit an accurate one. Further, when the clothes don't look great on the models, they probably won't look great on anyone. Having said this, I really wanted to like the collection. In fact, some looks are really quite beautiful, but they are few and far between, and certainly not strong enough to save this collection. There is no shortage of wearable pieces in the collection. However, with basic blouses retailing for over $2,000, will the collection sell? If this were a line for Macy's, I'd say: Well done! But this is Yves Saint Laurent, I mean Saint Laurent. Do better, Hedi. 

Michael Kors Wins Against Counterfeiters

  Hermes won big. Burberry won big. Uggs won big and now we can add Michael Kors to the list. The American brand is the latest to bring suit against websites selling counterfeit goods under the brand's name. Kors brought suit in New York federal court in November against 35 infringing sites, including MichaelKors-Outlet.net and MichaelKorsSale.com. The sites were selling inauthentic bags, jewelry, and other accessories bearing Michael Kors trademarks. 

Late last week, Judge Shira Scheindlin ruled in Kors' favor. She held that because many of the counterfeit goods at issue were priced similarly to authentic Kors products (between $350 and $800), this likely caused “consumer confusion,” a key element in establishing trademark infringement. The court granted Kors a $2.4 million damages reward, which will likely be collected from the defendants' PayPal accounts, as collecting from international defendants directly is next to impossible in these kinds of cases. By the looks of the infringing sites, it appears that Kors also received an injunction, as the sites are no longer in operation. 

According to WWD, we are far from succeeding against design pirates and counterfeit sellers. These parties are quickly out-smarting the court's ability to access their PayPal accounts, as well as their traditional cybersquatting websites. WWD says, "counterfeiters are developing more complex selling strategies. The best scammers are moving beyond creating a Web site ... Instead they are using Twitter, Pinterest, Facebook and RSS Feeds to publicize their products. Some are even creating style blogs and selling goods on those sites, a trend that is in full swing in the digital space." Not surprising at all. 

Gucci Awarded $4.66M in Guess Suit

 THIS JUST IN: Three years ago, Gucci brought suit against Guess for a massive trademark misappropriation scheme. Following a three-week nonjury trial, which ended on April 19th, Gucci was awarded just $4.66M in damages, just a fraction of the $120M sought. U.S. District Judge Shira Scheindlin held that Guess did infringe several of Gucci's trademarks, and awarded the Italian company $4.66M. This value reflects the profit Guess made from the specific items bearing unauthorized Gucci trademarks. Further, Judge Scheindlin awarded Gucci a permanent injunction against Guess' use of three of the four challenged designs at issue (likely including the infamous Gucci-replica sneakers). Gucci, however, is not entitled to damages reflecting lost sales or harm to its brand as its damages expert's analysis was "highly speculative."

Chanel's Crystal Bangles Look FAMILIAR!

 While I am a bit fearful of the wrath of Karl, it has to be said: the Fall 2012 Chanel jewelry looks eerily familiar. To be more specific, the crystal-adorned bangles that hit the Chanel runway during Paris Fashion Week bear a striking resemblance to the crystal block cuffs in Pamela Love's Fall 2011 collection. While Love is technically an emerging designer, her jewelry has had no shortage of exposure and certainly doesn't lack a cult following. Love was named a runner up in the recent CFDA/Vogue Fashion Fund and her jewelry has been featured in Vogue, WWD, the New York Times, and Harper's Bazaar, just to name a few. So, unless you're living under a rock, you've probably seen some of her designs!

When I glanced at a photo of an industry insider wearing Chanel's crystal bangles, they registered in my mind as Love's designs. (I did a double-take upon hearing whispers that the French house, headed up by Karl Lagerfeld, knocked off the NYC-based Love). That's called consumer confusion, folks! It's also called stealing.  

Pamela Love crystal block cuffs

Chanel bangles