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E-commerce platforms are these days becoming a market for counterfeit products. Gen-Z favoured brand Melville filed a case of Trademark infringement against Redbubble, a global online market place.
In May 2018, the plaintiff came to know that products are displayed bearing Trademarks of Brandy Melville without their permission. The complainant sent a notice about the infringement of Trademark but the defendant paid no heed to their words. For this reason, the plaintiff filed a suit against Redbubble before the California Central District Court on 28th May 2019.
Trademark infringement is a violation of the exclusive rights attached to a Trademark without the authorization of the Trademarks. An owner of a Trademark may commence civil legal proceedings against a party which infringes its registered Trademark. The Lanham Act is the primary statute that covers Trademark law in the United States. Most states have adopted parts or all of the Uniform Trade Secrets Act.
Brandy Melville is an Italian clothing and fashion accessories brand. The products are mainly for teenage girls and women. Worldwide they have 95 stores. The defendant is a global online marketplace for print on demand products based on submitted artwork. It is an Australian company. They sell skirts, leggings, t-shirts, bed covers, cushions, etc.
As per the plaintiffs, the brands of the defendant are confusingly similar to the Trademark and logos of Brandy Melville. Further Redbubble is continuously selling these products after getting warned by Brandy Melville and hence the defendant possesses a wilful intention to infringe the right.
In the filed suit the plaintiff claims of Trademark infringement as the products of the defendants are deceptively similar. They claimed that both vicarious and contributory infringement has been committed. Next, the plaintiff accuses of counterfeiting of products by the defendants as the materials deceived the customers. The plaintiff alleges that the act of Redbubble amounts to unfair competition. The plaintiff prays for compensatory damages of three times its actual damages or three times the profit of the defendants business. Further, the plaintiff seeks statutory damages of not less than $2 million per registered mark.