Arent Fox Client Louis Vuitton Malletier Obtains Preliminary Injunction in Battle Against Counterfeiting

    April 19, 2005

    NEW YORK—APRIL 19, 2005— Louis Vuitton Malletier, part of LVMH, the world’s leading luxury products group, today announced that it has achieved an important breakthrough in the battle against counterfeiting through a Court-ordered process resulting from a lawsuit it had filed earlier this month against the landlord of several buildings on Canal Street in New York City. Indeed, the company has been granted a preliminary injunction by the U.S. District Court for the Southern District of New York to enjoin and restrain the landlord and his tenants from engaging in, or otherwise using, seven properties on Canal Street for the manufacture or sale of counterfeit goods, or otherwise infringing on Louis Vuitton's trademarks. As the order indicates, the landlord has agreed to take extraordinary actions to prevent the sale of counterfeit Louis Vuitton goods on his properties.

    The provisions outlined in the agreement are unprecedented and demonstrate Louis Vuitton’s unwavering commitment to fighting counterfeiting. Specifically, the landlord, Richard E. Carroll, has agreed to:

    • Move immediately to evict tenants at the following Canal Street addresses: Nos. 31 0, 336-338-340, and 386;
    • Continue with eviction proceedings already underway at 312 and 314 Canal Street;
    • Prominently display warning signs in and outside all locations where merchandise is sold (Note: an example of the sign accompanies this press release);
    • Authorize regular monitoring of all locations;
    • Include a specific rider in all new leases prohibiting the sale of counterfeit goods; and
    • Evict all tenants who refuse to comply.

    According to the agreement, the landlord and his tenants can be held in contempt of court for any action, or inaction, representing a breach of the order and can be subject to fines andlor imprisonment.

    This agreement constitutes an important milestone in the battle against counterfeiting and sends a strong signal to the landlords housing counterfeiters that they will be held accountable for their tenants’ criminal activity. Moreover, it shows Louis Vuitton’s strong commitment to protecting its brand image, its legendary history and the interest of its customers by implementing innovative strategies to provide the most effective deterrence against counterfeiters.

    The lawsuit filed by Louis Vuitton also seeks to hold Carroll accountable for his contributory and vicarious liability for the trademark and copyright counterfeiting, infringement and related unlawful acts of his tenants. The company has addressed this corrupt enterprise in a single proceeding, which is pending before the Honorable Thomas P. Griesa under the caption Louis Vuitton Malletier v. Richard E. Carroll et al., United States District Court for the Southern District of New York, Case No. 05CV3331 (TPG).

    Louis Vuitton Malletier is represented in this matter by the law firm Arent Fox LLP in New York City.

     

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