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15 February 2018Trademarks

Montblanc secures $32m in counterfeiting claim

Montblanc-Simplo, a business within luxury goods group Richemont, has secured nearly $32.2 million in damages against a counterfeiter.

The US District Court for the Eastern District of Virginia, Alexandria Division granted Montblanc’s motion for default judgment on Tuesday, February 13, after the defendant failed to respond to the complaint.

Montblanc filed its suit in April last year, adding Miroslav Ilnitskiy as a defendant in September, after Montblanc’s investigator purchased counterfeit products from a website.

Headquartered in Germany, Montblanc designs and sells writing instruments and accessories, watches and leather goods.

Ilnitskiy had registered the domain name montblancua.com in August 2015 and, shortly after, the defendant configured the website to replicate Montblanc’s genuine website, displaying Montblanc’s copyright-protected content and the Montblanc trademarks.

The defendant was also using Instagram accounts to sell the counterfeit items, such as pens.

In January, Magistrate Judge Theresa Buchanan recommended Montblanc’s motion for default judgment be granted.

Earlier this week, District Judge Leonie Brinkema ordered that default judgment totalling nearly $32.2 million be granted against Ilnitskiy. The figure consisted of $150,000 in statutory damages for violations of the Copyright Act and $2 million in statutory damages for each of the 16 identified trademark violations.

Ilnitskiy was also enjoined from displaying Montblanc’s copyright-protected images and websites and from selling goods featuring the company’s trademarks.

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Trademarks
22 February 2017   Luxury goods group Richemont has obtained a permanent injunction against a number of online counterfeiters.