Lanham Act Damages Analogized to Copyright

4 12 2015

Chicago IP Litigation

November 6, 2015

David R. Donoghue

Luxottica USA LLC v. The Partnerships & Unincorporated Assocs., No. 14 C 9061, Slip Op. (N.D. Ill. Jun. 18, 2015) (Leinenweber, J.).

Judge Leinenweber granted plaintiff Luxottica’s motion for summary judgment, statutory damages, permanent injunction and attorney’s fees in this Lanham Act false designation of origin dispute regarding online sales of counterfeit Ray-Ban eyewear. Luxottica is the exclusive wholesale distributor of Ray-Ban eyewear in the US and has rights to enforce the Ray-Ban trademarks. Defendant stipulates that until November 2014, it sold at least 106 knockoff products with Ray-Ban trademarks via eBay for prices between $6.29 and $6.99. The Court granted summary judgment based upon defendant’s admissions.


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