News
Louis Vuitton is Awarded Largest Ever Judgment on Trademark Counterfeiting and Copyright Case in Canada
VANCOUVER, British Columbia-(Business Wire)-August 7, 2008 - Louis Vuitton Malletier, SA part of LVMH, the world's leading luxury group, today announced that the Supreme Court of British Columbia has awarded it the largest ever judgment in a trademark and counterfeiting case in Canada, in its lawsuit against 46353 B.C. Ltd, doing business as Wynnie Lee Fashion, Wynnie Lee, Francisca Hung-Yee Ngan, Lisa Le Dung Tran, 560148 B.C. Ltd, and Jacqueline Lee located in Richmond, British Columbia.
The Court ruled that, "(T)he historical once-only nominal award of damages (the Anton Pillar Order Structure) is inapplicable in the case of a group of defendants whose continuous and blatantly recidivist infringing activities have taken place over a period of three years ... If a plaintiff was only entitled to a single award of damages under the 'nominal' damages scale for multiple occasions of infringement, then once a defendant was found liable for infringement, the defendant would essentially be immune from liability for damages for all subsequent infringements."
The judge further stated, "In my view, the evidence is clear that both before and following the commencement of this action the defendants W. Lee, W. Lee Corporation, Ngan and Tran, have acted willfully and knowingly in violation of the plaintiffs' rights in the trademarks and copyrights...I agree with plaintiffs' counsel's submission that an award of statutory damages at the highest end of the scale—that in the amount of $20,000 per each of the Copyrighted Works infringements, is appropriate."
The judge noted the defendants' persistence in selling infringing products over the past six years, despite an Anton Pillar Order (ex parte seizure order), a Federal Court Judgment and several Cease and Desist Notices, all served against them. She found that the defendants had knowingly committed deliberate and inexcusable repeat infringement of the plaintiffs' trademarks and copyrights, failed to cooperate with the litigation, and therefore awarded special costs against them. She also awarded to Louis Vuitton recovery of its legal costs, to be assessed.
In a separate and earlier action, in November 2007, the Federal Court of Canada in Vancouver awarded Louis Vuitton CAD$263,699.14 in damages and costs, including punitive and exemplary damages against Lin Pi-Chu Yang d/b/a K2 Fashions, a retail store located in Richmond, British Columbia, for infringing on Louis Vuitton's trademarks and copyrights by selling counterfeit Louis Vuitton products. In March, 2008, Louis Vuitton collected in full on that significant judgment.
Nathalie Moulle-Berteaux, Intellectual Property Director of Louis Vuitton, said, "We are extremely pleased by this precedent-setting victory in our global fight against counterfeiting, particularly in Canada where the legal framework for the enforcement of Intellectual Property rights is not as strong as in other countries. Today's ruling by the Supreme Court follows the precedent set in our victory against Lin Pi-Chu Yang, which represented the largest ever default judgment in a Canadian counterfeiting case. In both cases, Louis Vuitton used an innovative approach to calculating profits and damages, to ensure the amounts awarded would be sufficient to serve as both punishment for violations in these cases and deterrence against future counterfeiting activities. We are delighted that these important decisions reflect that both the Federal Court of Canada and the Supreme Court of British Columbia recognize the importance of protecting both trademarks and copyrights. Through these decisions, the judges have sent a strong message to counterfeiters that their illegal activities will not be tolerated by the Canadian courts."
About Louis Vuitton Malletier
The world leader in luxury, Louis Vuitton has been synonymous with the art of stylish travel since 1854. Since 1997, with the arrival of the designer Marc Jacobs, it has extended its expertise to women's and men's ready-to-wear, shoes, watches and jewelry, combining traditional craftsmanship with flair and innovation to create a complete lifestyle experience. Since 1987, it has been part of LVMH Moet Hennessy Louis Vuitton, the world's largest and most prestigious luxury goods group.
For more information: www.louisvuitton.com
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