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Tony Lupo Comments on Michael Kors’ War on Knockoffs in Law360

Law360 recently quoted Fashion Law leader Tony Lupo after Michael Kors joined several other luxury fashion companies in taking a new step in fighting widespread counterfeiting by targeting landlords who facilitate the trademark infringement.

Law360 reported that “A growing body of case law involving federal trademark law and local property regulations has in recent years given retail brands new legal ammunition in the war against counterfeiters, with easier-to-pin-down landlords as the targets. And while such suits are costly and time-consuming, more and more brands are inclined to make the effort, meaning landlords have to be on the lookout for suspicious tenant activity.”

Tony discussed the serious investment that brands like Michael Kors are making in these types of suits, including extensive documentation and investigative work. “You have to do a lot of planning in order to hold the landlord liable because in order to have the best case they have to be put on notice," Tony said. "Most judges are going to be somewhat noninclined to hold the landlord liable for their tenants' actions unless you can show they really had knowledge of it and didn't take action.”

The publication added that as case law has mounted in various jurisdictions, the more reputable landlords are often willing to work with brands on these kinds of issues. "They don't want to have that reputation, especially if they own more than one building," said Tony.

To read the full article from Law360, click here.


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