Michael Kors sues California counterfeiter
Luxury brand Michael Kors has targeted a California-based counterfeiter in a trademark infringement claim.
Filed on Thursday, February 9 at the US District Court for the Central District of California, the suit (pdf) accused retail store M R Enterprises of selling infringing goods including handbags.
Launched in 1981 by designer Michael Kors, the fashion brand owns the trademark ‘MK’ and has used it since 2003.
In addition, the Michael Kors collection of handbags and accessories uses the ‘MK’ trade dress, which features the ‘MK’ trademark in repetitious horizontal rows.
“The infringing products … bear nearly identical reproductions of the MK trade dress, such as to cause a likelihood of confusion as to the source, sponsorship or approval by Michael Kors of defendants’ products,” said the claim.
According to Michael Kors, M R Enterprises and its owner have caused a likelihood of confusion among the purchasing public.
“Defendants’ acts are wilful, deliberate, and intended to confuse the public and to injure Michael Kors,” it added.
The brand is seeking injunctive relief, a recall of infringing goods and delivery to Michael Kors for destruction, an account of profits, and a jury trial.
Michael Kors is also seeking an award of all profits and damages as a result of the infringing acts, a finding of enhanced damages, attorneys’ fees and other relief that the court deems just and proper.
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