Managing Intellectual Property

Canadian court awards LVMH record damages

11 August 2008

Eileen McDermott, New York

Louis Vuitton Malletier has won the largest ever damages award in a Canadian trade mark counterfeiting case, after winning a four-year suit against a group of British Columbia-based shop owners

LVMH filed the suit against Wynnie Lee Fashion in 2004 and obtained an Anton Pillar order authorizing it to search the shops for counterfeit goods.

Despite being caught selling hundreds of fake items, Wynnie Lee continued to operate several stores and to carry the infringing merchandise, even after entering into a settlement agreement with LVMH and paying a C$6,000 ($5,625) fine.

On June 19, Madam Justice Boyd of the British Columbia Supreme Court issued a summary trial decision ordering several of the defendants to pay C$980,000, including compensatory, punitive and exemplary damages to LVMH.



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