Kipling, Nautica, and Timberland win permanent injunction and $31 million damage award in counterfeit action

Client(s) Kipling Apparel Corp., Nautica Apparel, Inc., and TBL Licensing LLC

Kipling Apparel Corp., Nautica Apparel, Inc., and TBL Licensing LLC (Timberland) won a default judgment and permanent injunction, in an action to combat the unauthorized and counterfeit uses of the three plaintiffs' famous trademarks in multiple domain names and copycat websites. The court found in favor of the plaintiffs, ruling: (1) Defendants willfully infringed the plaintiffs' trademarks; (2) Awarding the plaintiffs $31 million in statutory damages; (3) Permanently enjoining the defendants from any activities that infringe the plaintiffs' trademarks; and (4) Ordering that the domain names at issue remain on permanent registry lock and hold. In October 2017, the court ordered that the domain names containing plaintiffs’ trademarks and generic words be transferred to plaintiffs.

Kipling Apparel Corp., et al. v. Wenben Rhys, et al., Civil Action No. 1:16-cv-00990-RJS (S.D.N.Y.) (Judge Sullivan)