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Keywords

plaintiffdefendantdamagesliabilityinjunctionmotionsummary judgmenttrademark

plaintiffliabilityinjunctionsummary judgmenttrademark

Related Cases

Cartier v. Aaron Faber, Inc., 512 F.Supp.2d 165

Facts

Cartier, a luxury watch designer, sued J & P Timepieces and its principals for trademark infringement under the Lanham Act, alleging that J & P modified and sold watches bearing Cartier's trademark without authorization. The court found that the modified watches constituted counterfeit merchandise, as they retained the Cartier mark without indicating the alterations made by J & P. The case involved multiple motions, including Cartier's request for a permanent injunction and partial summary judgment on liability.

Plaintiffs are a related group of companies that manufacture and sell luxury goods. Cartier designs and creates jewelry and watches, including certain models containing diamonds, on which it uses its name for the purpose of identification. It owns U.S. Trademark Registration No. 759,201 for the word mark CARTIER for watches and clocks.

Issue

Whether J & P Timepieces and its principals infringed Cartier's trademark under the Lanham Act and whether a permanent injunction should be granted.

Rule

Under the Lanham Act, a plaintiff must demonstrate that the defendant used a reproduction of the plaintiff's registered mark without consent, in commerce, and that such use is likely to cause confusion. The Act also allows for recovery of damages without the need for notice of registration in cases of trademark counterfeiting.

Analysis

The court applied the Lanham Act's provisions, determining that J & P's actions constituted trademark counterfeiting as they modified Cartier watches without proper disclosure. The likelihood of confusion was evident, as the modifications could mislead consumers into believing the alterations were authorized by Cartier. The court also noted that individual liability could be imposed on J & P's principal, Morris, due to his active role in the infringement.

A product is deemed counterfeit if it contains an original mark that is likely to deceive the public as to its origin. The retention of the Plaintiffs' marks with no indication that the watches had been significantly altered by J & P creates a likelihood that customers would be deceived into believing that the alterations were performed by the original manufacturers.

Conclusion

The court granted Cartier's motion for partial summary judgment against J & P and Morris, finding them liable for trademark infringement, while denying the motion against Fossner due to lack of evidence of his involvement.

Who won?

Cartier prevailed in this case as the court found that J & P Timepieces and its principal, Jeff Morris, were liable for trademark infringement under the Lanham Act. The court's ruling emphasized that the modified watches constituted counterfeit merchandise, which inherently causes consumer confusion. The court also recognized Cartier's entitlement to a permanent injunction to prevent further unauthorized sales of altered watches.

The court finds that no genuine issue of material fact remains with respect to J & P's liability under the Act, Plaintiffs are entitled to summary judgment on this issue.

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