Louis Vuitton Malletier, S.A. v. 1854louisvuitton.com, et al., 2012 WL 2576216, (D.Nev., July 3, 2012)

In a trademark infringement action brought by plaintiff, Louis Vuitton Malletier (“LV”), against several websites selling counterfeit LV products (“Defendants”), the District Court granted LV’s motion for preliminary injunction.

After LV presented evidence supporting its motion for a preliminary injunction at a July 2, 2012 hearing (at which no Defendant appeared), the District Court concluded that LV “satisfied the requirements for the issuance of a preliminary injunction.”

Specifically, the District Court found that LV will suffer immediate and irreparable loss because it is more likely than not that: 

1. the Defendants own and/or control the websites that sell counterfeit LV products which infringe on LV’s trademark rights;
2. the counterfeit products will confuse and mislead consumers leading to a loss of sales for genuine LV products; 
3. the harm to LV’s goodwill and reputation if a preliminary injunction is not granted outweighs the harm the Defendants will incur by restraining them from selling the counterfeit goods; and 
4. public interest favors granting an injunction to protect LV’s trademark interest and to protect consumers from being defrauded by counterfeit goods.
   

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• IP Industry Summary: Louis Vuitton awarded preliminary injunction against websites selling counterfeit LV goods.