Thursday, March 22, 2012

Traverse Internet Law Federal Court Report: March 2012 - Trademark Infringement Lawsuits


The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


ACUSHNET COMPANY, ET AL. v. THE PARTNERSHIPS, ET AL.
SOUTHERN DISTRICT OF FLORIDA (MIAMI)
1:12-CV-20786-PAS
FILED: 2/27/2012

The allegations lay out a classic case of “counterfeiting”. Make sure that when you purchase goods for resale you have “good title” to them. There are many major brands that are the subject of “knock-off” manufacturers counterfeiting goods in the name of legitimate companies. If you get caught you will be responsible if you knew, or through reasonable investigation should have known, of the nature of the counterfeit goods.

The Plaintiffs are U.S. golf manufacturers working together as an anti-counterfeiting group to protect their own intellectual property rights. The Defendants are a partnership or unincorporated business associations operating through domain names registered in multiple foreign countries. The Defendants are alleged to be selling “knock-offs”.

The Plaintiffs allege trademark counterfeiting and infringement and false designation of origin. The Plaintiffs’ prayer for relief requests the entry of preliminary and permanent injunctions enjoining the Defendants from further infringements, the entry of an order requiring the transfer of all infringing domain names, the payment of costs and reasonable attorneys’ fees and investigative fees, and any further relief as the Court may deem just and proper. Traverse Internet Law Cross-Reference Number 1551.