Posts Tagged ‘Durango’

Gucci America Defeats Motion to Dismiss in Alleged Contributory Infringement Claim for Trademark-Infringement Against Credit Card Service Provider Defendants

Tuesday, July 6th, 2010

trademark infringementGucci America is the trademark owner behind the popular “Gucci” brand. In its quest to rid the streets of “Gucci” knockoff products the company has been very persistent even if seemingly ineffective. However, Gucci America may be gaining some traction with these most recent decisions concerning infringement of the “Gucci” trademark.

The stimulus for the most recent case is the 2008 case of Gucci America, Inc. v. Laurette Co., Inc., 08 Civ. 5065 (LAK) (S.D.N.Y. June 3, 2008)). In that case Gucci was able to get a permanent injunction against defendant Laurette for their use of the now parked Website at www.TheBagAddiction.com. That site was used by Laurette prior to the suit for sale of a variety of ‘replica’ goods for sale, including those using both Gucci designs and trademarks without authorization.

After winning the Laurette suit, Gucci went on in 2009 to bring suit against (primarily) the companies providing credit card services for Laurette’s then infringing use of www.TheBagAddiction.com. The instant case is the S.D.N.Y. case of Gucci America Inc., v. Frontline Processing Corp., Woodforest National Bank, Durango Merchant Services LLC, “ABC Companies”, and “John Does”, it can be found in its full 24 pages at http://tinyurl.com/ILG-Gucci.

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