Gucci v. Duty Free Apparel

Citation: Gucci America, Inc. v. Duty Free Apparel, Ltd., 286 F. Supp. 2d 284 (S.D.N.Y. 2003).

Factual Background
Plaintiff sells jewelry, watches, bags, wallets, and other luxury goods under the registered trademarks GUCCI and various G and GG logos. Defendant Duty Free Apparel (DFA), a retailer of designer merchandise and accessories, sold GUCCI goods provided by defendant Harvest Wrap. Plaintiff's investigators purchased a GUCCI wallet for $150 and a GUCCI handbag for $350 at DFA's retail store and a GUCCI handbag for $415 from DFA's website. Plaintiff also obtained samples of GUCCI backpacks that Harvest Wrap supplied to a third party. Plaintiff's expert determined that all of these products were counterfeit.

Trial Court Proceedings
Plaintiff sued for infringement and counterfeiting and moved for summary judgment on its infringement claims. The court granted plaintiff's motion, finding that plaintiff had established a prima facie case that the goods at issue were counterfeit and that defendants failed to refute plaintiff's showing. Specifically, defendants failed to provide any specific facts or affirmative evidence to show that the goods were authentic.

The court permanently enjoined defendants "from selling, offering for sale, advertising or distributing any counterfeit goods bearing any Gucci trademark, and from infringing on any Gucci trademarks."

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