In a sweeping legal move, a prominent fashion brand has launched a battle against counterfeiters operating online. Marc Jacobs Trademarks, LLC and Marc Jacobs International, LLC filed a complaint in the United States District Court for the Northern District of Illinois on September 24, 2024, targeting numerous e-commerce entities accused of selling counterfeit goods under their brand name.
The plaintiffs, collectively known as the MJ Entities, allege that these defendants are exploiting their well-established reputation by offering unauthorized products like handbags and clothing that bear infringing versions of the MARC JACOBS trademarks. The lawsuit details how these defendants operate sophisticated e-commerce stores under various aliases to mislead consumers into believing they are purchasing genuine Marc Jacobs products. "Defendants create e-commerce stores operating under one or more Seller Aliases that are advertising, offering for sale and selling Counterfeit MARC JACOBS Products to unknowing consumers," the complaint states.
Marc Jacobs Trademarks, LLC and Marc Jacobs International, LLC argue that these actions have caused significant harm through consumer confusion and dilution of their trademark's value. They highlight that their trademarks have been registered with the United States Patent and Trademark Office and have achieved substantial fame due to extensive promotion and association with high-quality products. The plaintiffs claim these counterfeit operations originate primarily from jurisdictions with lax trademark enforcement, making it challenging to trace the true identities behind these fraudulent activities.
The plaintiffs seek several forms of relief from the court. They request an injunction to prevent further use of their trademarks by the defendants and an order transferring control of any domain names associated with counterfeit sales to them. Additionally, they demand an accounting of profits gained by the defendants through these unlawful acts and seek statutory damages amounting to $2 million for each instance of willful trademark counterfeiting. The complaint also calls for reimbursement of reasonable attorneys' fees and costs incurred during this legal pursuit.
Representing Marc Jacobs in this case are attorneys Amy C. Ziegler, Justin R. Gaudio, Kahlia R. Halpern, and Quinn B. Guillermo from Greer, Burns & Crain Ltd., based in Chicago. The case is being overseen by judges at the United States District Court for the Northern District of Illinois under Case No. 1:24-cv-08809.