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5 January 2017Trademarks

Michael Kors targets New York-based counterfeiters

Luxury fashion company Michael Kors has set its sights on counterfeiters based in New York in a trademark infringement claim.

Filed Tuesday, January 3, at the US District Court for the Southern District of New York, the lawsuit claimed (pdf) that counterfeiters based in a building in New York had infringed Michael Kors trademarks.

The current owner of the property, 5th Ave Gateway Land, and its former owner, 314 Fifth Avenue, are also named in the suit.

According to the luxury brand, 5th Ave has continued to “allow its premises to be used as a safe haven and marketplace from which counterfeiters can sell their wares”.

Michael Kors alleged that 314 Fifth Avenue “allowed the ongoing sale of counterfeit goods” despite multiple notices.

It added that certain areas of New York City “have long been major distribution hubs for counterfeit goods” and that it, along with trademark holders in general, has “been plagued by the sale and distribution” of these goods for years.

Michael Kors owns US trademarks for the logo ‘Michael Kors’ for clothing, handbags, glasses, jewellery and phone cases.

In 2014, the brand conducted a seizure of merchandise including handbags, jewellery and watches. Michael Kors notified the 314 Fifth Avenue but it failed to respond, according to the suit.

More seizures took place in 2015 and 2016, and, in November 2016, Michael Kors notified 5th Ave of the seizures.

Michael Kors is seeking injunctive relief, an award of profits and damages, triple damages for wilful infringement, and statutory and punitive damages.

It is also seeking injunctive relief against 5th Ave, enjoining it from leasing space to tenants engaged in counterfeiting, and a finding that the company is contributorily liable, along with 314 Fifth Avenue.

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