According to presiding Judge Thomas Griesa, the defendants, who ran Web sites such as yesburberryvision.com and buyburberry.com, had not only failed to appear in court when summoned earlier this year, but they also failed to answer the complaint, which was filed in January.
As a result, the judge awarded Burberry the princely sum of $100 million, as well as any monies held by payment service provider, PayPal Inc.
Awarding damages held by third-party payment processors is part of a developing trend, as it is almost impossible for brands to collect from Web operators located overseas.
In addition to damages, Judge Griesa granted a permanent injunction and ordered that the infringing domain names be transferred to Burberry. This allows Burberry the power to stop Internet service providers, Web designers, sponsored search engine or ad-word providers, merchant account providers, payment processors and others from doing business with the defendants in this matter.
Working with the court, Burberry will also have the ability to shut down any related offending Web sites, and it will be able to hold third-party hosts; payment processors; search engines, such as Google, and social media sites, such as Facebook and Twitter, accountable for associating with the infringing sites.
Accountability comes in the form of no longer providing services to the infringing parties or eliminating their sites from Web searches altogether.
The ruling is nearly identical to decision last month in favor of Hermès International, which also won a $100 million judgment against 34 counterfeit Web sites. In both cases, the judges called out Internet search engines, ad-word providers and social media sites, effectively casting a wider net of accountability when it comes to Internet counterfeiting.
Previously, the courts had focused mainly on holding payment processors, Internet service providers and domain name registrars liable.
@kith is moving into children’s. The men’s and women’s streetwear brand has launched Kidset, a Kith kids line located in New York at 64 Bleecker Street. The line includes mini versions of staple Kith pieces like the Astor bomber jacket and the Kith box logo sweatshirts, along with a wall that can display up to 120 pairs of shoes from @adidas, @newbalance, @timberland and more. #wwdfashion
“I just wanted to create this fully rounded character, but I do think what excited me most was just the opportunity to give a group of people representation that I feel needs it. I like to do characters in projects that stand for something and Karolina definitely does, so that was really exciting to me,” @ginnygardner says of her new role in @hulu’s “The Runaways.” Gardner plays Karolina Dean, a queer superhero, which is a rarity for @marvel. Read more about Gardner’s character on WWD.com #wwdeye (📷: @dandoperalski)
@heriethpaul and @gracebol have a moment on the @victoriassecret fashion show 2017. See every look from the runway on WWD.com. Link in bio. (📷: @giovanni_giannoni_photo) #wwdfashion #victoriassecret #VSFashionShow
“Azzedine has been one of the biggest influences in my life. He has always been such a strong, loving, fatherly figure to me. I call him Papa. His designs are indescribably unique, they are pieces of art. He knew how to make the female form look its loveliest. I have so many memories of him; my favorite might be during my first show with him in Paris. He liked me and he wanted to help me get more work. He called all his friends at Kenzo and Comme des Garcons, and asked them to book me. They said, ‘But she can’t walk!’ And he said, ‘but she has such a great ass!' His friendship and support has been the great privilege of my career. I can't imagine life without him. Repose en paix mon Papa.” - @stephanieseymour tells @wwd. #wwdfashion (📷: @steveeichner) #alaia #azzedinealaia
Azzedine Alaïa, flanked by two of his closest friends, models Stephanie Seymour and Naomi Campbell.
He designed Seymour’s dress for her 1995 wedding to Peter Brant, and treated Campbell (who famously called him Papa), like a daughter. For more on the legendary designer, tap the link in bio. #wwdfashion #alaia #azzedinealaia