Judgement Against Gucci Counterfeits


For intellectual property lawyers, sting operations against counterfeiters of luxury handbags is what dreams are made of. An undercover sting - complete with a clandestine meeting at a Toronto gas station, undercover agents and hidden cameras - resulted in a trade-mark infringement award against a reseller of copycat merchandise such as Gucci handbags, Louis Vuitton and Hugo Boss items. In Guccio Gucci S.p.A. v. Mazzei, 2012 FC 404 (CanLII)  the counterfeiter was slapped with an $85,000 damage award. 

This was based on the rough math of infringement in Canada: damages of $3,625 per infringement against flea market vendors and “itinerant sellers”; $7,250 where the infringer is operating from a “fixed retail establishment”; and $24,000 against importers, distributors and manufacturers.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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