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.
@zacposen's go-to holiday gift? Cookies! "I'll usually bake cookies and send them as a gift," said the designer, who recently released his cookbook "Cooking With Zac: Recipes from Rustic to Refined." Get the recipe for his Brown Butter-Chocolate Chip Cookies via link in bio 🍪🍪🍪 #wwdeye #cookingwithzac
For @monsemaison’s pre-fall 2018 collection, Fernando Garcia and Laura Kim honed in on the brand’s many signatures — men’s wear, which was tweaked and feminized through deconstruction, proportion play and lots of bare shoulders. See the rest of the photos on WWD.com #wwdfashion (📷: George Chinese)
On Friday night, @yohjiyamamotoofficial received the Design for Asia Lifetime Achievement Award in Hong Kong. The 75-year-old designer has been celebrated for many years and is best known for his dark and avant-garde tailoring. “In my long career, in design, architecture, [I’ve been to] so many parties, this is the very first time that I have such a warm feeling, I really appreciate this,” Yamamoto said. #wwdfashion (📷: @dominiquemaitre)
Discovery is collaborating with British pop artist @philipcolbert on a new line of clothing and accessories called Discovery Shark. The collection, which will launch next summer for Shark Week’s 30th anniversary, features a whimsical line of women’s and men’s bomber jackets, sweatshirts, bags and more. #wwdfashion
“I’m always a big champion of a female rapper, and I’m glad to see a new voice that feels unique and authentic that’s coming up, and I think we’re going to see more great things from her,” said @itsjeremyscott about @iamcardib, who performed at @moschino’s Art Basel Miami Beach party last night. #wwdeye (📷: @lexieblacklock)
@janellemonae’s “What’s Your Frequency?” room in @refinery29's #29Rooms made its debut this week at the opening of the Los Angeles art exhibit. “It’s about the ongoing conversation around mass surveillance, the weaponization of technology and cultural uniformity. My space was created so that we can come together and talk about the complexities of our humanity,” said Monáe. #wwdeye (📷: @bucknerphoto)
@pantone announced their Color of the Year 2018: Ultra Violet. Nearly 20 months after the musician Prince’s death, fashion is having a purple moment. Varying shades of purple appeared on spring or fall runways, from @christopherkane to @calvinklein. @gucci’s Alessandro Michele bathed his fall runway in ultra violet-colored light at one point. Pantone 18-3838 is meant to “push the boundaries of what inspires us to look upward and outward to the future.” #wwdnews #wwdfashion (📷: @kukukuba)