MATTEL, INC. v. WWW.FISHER-PRICE.ONLINE, No. 1:2021cv09608 (S.D.N.Y. 2022) (Liman, J.)

Mattel wins default judgment over unknown Chinese cyber-squatter/counterfeiter.

Personal jurisdiction established through attempt at trap-buy.

TRO had been entered against financial institution, permanent asset freeze entered against institutions in active cooperation with defendant’s operation of the website.

Text of decision in Mattel v Fisher-Price.Online: mattel

Plaintiff alleges ownership of SUNCOO trademark for disposable face masks, which masks it sells on Amazon. Various defendants allegedly sold counterfeit SUNCOO masks. Amazon purchased a shipment of SUNCOO-branded masks that were in fact counterfeit, Amazon sold such masks under plaintiff’s ASIN, inadvertently, and has indicated to plaintiff that it was cooperating with regard

Lady Gaga is performing at Madison Square Garden in NY on July 6,7 and 9 and February 21 and 22. Her trademark representatives beliieve that bootleg merchandise will be sold at these shows, and have filed a ‘John Doe trademark complaint.’ John Doe actions are interesting as they represent an exception to the law’s antipathy

This is an important SDNY decision. Gucci sued companies that process credit card transactions for ‘replica’ websites. On 12(B)(6) motion, Court holds:

Gucci can proceed with its action against Defendants if it can show that they (1) intentionally induced the website to infringe through the sale of counterfeit goods or (2) knowingly supplied services to

GAO: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods

Three widely cited U.S. government estimates of economic losses resulting from counterfeiting cannot be substantiated due to the absence of underlying studies. Generally, the illicit nature of counterfeiting and piracy makes estimating the economic impact of IP infringements extremely difficult, so