Luxottica USA LLC v. The Partnerships & Unincorporated Assocs., No. 14 C 9061, Slip Op. (N.D. Ill. Jun. 18, 2015) (Leinenweber, J.).
Judge Leinenweber granted plaintiff Luxottica’s motion for summary judgment, statutory damages, permanent injunction and attorney’s fees in this Lanham Act false designation of origin dispute regarding online sales of counterfeit Ray-Ban eyewear. Luxottica is the exclusive wholesale distributor of Ray-Ban eyewear in the US and has rights to enforce the Ray-Ban trademarks. Defendant stipulates that until November 2014, it sold at least 106 knockoff products with Ray-Ban trademarks via eBay for prices between $6.29 and $6.99. The Court granted summary judgment based upon defendant’s admissions.
The parties disputed statutory damages. Luxottica sought $450,000 – $150,000/each of three Ray-Ban trademarks. Defendant argued for $7,440 noting that it generated only $800 in revenue from the counterfeit sales. The Court looked to copyright damages law for guidance. Because defendant did not default and mitigated harm by ceasing sales, the Court reduced Luxottica’s requested damages by two-thirds, awarding $150,000. The Court also maintained an asset freeze of defendant’s accounts associated with its eBay accounts, and awarded Luxottica its attorney’s fees and costs in bringing this action.