NY Court Awards $100 Million Default Judgment in Domain Name Trademark Infringement Case.

On April 30, 2012, the U.S. District Court for the Southern District of New York entered a default judgment awarding damages totaling US$100 million against a group of defendants who allegedly infringed 19 registered trademarks of French luxury products designers and manufacturers Hermès International and Hermès of Paris, Inc. Hermes International v. Doe, No. 12-civ-1624 (S.D. N.Y. Apr. 30, 2012). According to the court’s order, the defendants “operate a large, fluid network of Internet websites … to offer for sale and/or sell products bearing counterfeits of the Hermès Trademarks and Designs … to consumers in the United States and in this District, using various domain names, all of which incorporate one or more of the Hermès Trademarks and Designs.” The court’s order identifies 34 infringing domain names used to sell nine different types of products bearing counterfeit marks.

In addition to awarding damages, the court also entered a permanent injunction against, inter alia, selling or offering to sell products bearing the Hermes trademarks and designs. However, it appears that the defendants in the action are largely identified or known only by aliases, likely making it difficult to enforce the judgment.

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