Patience/Time.The Patience of British rock band Pink Floyd has hit The Wall. The band is suing several Chinese entities for the alleged sale of counterfeit goods in relation to their band’s trademarks.
Stay.Pink Floyd, which was formed in 1965, is internationally known for their psychedelic rock music and is one of the most influential rock bands in history. Pink Floyd remains active and sells their official products on www.pinkfloyd.com.
Endless River. Unfortunately, their success has led to an Endless River of infringement in the form of domain names pointing to interactive webpages which are then linked to product listings on AliExpress, Alibaba, and other online marketplaces. These interactive webpages look sophisticated enough to fool many consumers into thinking that the products being sold are genuine official merchandise. Furthermore, counterfeiters have unfairly made use of search engine optimization (SEO) tactics and social media spamming to catapult infringing domain names to the top of search engine results.
Us and Them. Pink Floyd is now seeking an injunction from US District Court of the Northern District of Illinois in relation to the sale the of all the counterfeit goods, and that all infringing domain names be transferred to them. The band is also seeking to enjoin all involved marketplaces, as well as Facebook, YouTube, LinkedIn, Twitter, Bing, Yahoo, and Google, from providing services to these infringing webpages (Complaint, No. 1:18-cv-3996).
Is There Anybody Out There? Unsurprisingly, defendants went to great lengths to conceal their identities and often used multiple fictitious names and addresses to register and operate their massive network of defendant Internet Stores.
Money.Lastly, Pink Floyd is asking for all the profits made from selling the counterfeit goods or, in lieu thereof, $2,000,000 for each illegal use of their trademarks.
Echoes. Pink Floyd’s counterfeiting complaint echoes many others, issued against natural or legal persons domiciled or domiciled in China, including that recently owned by the JUUL tobacco company (iptwins.com, August 2, 2018).
High Hopes. Unfortunately, the enforcement of foreign judgments in China is far from systematic. In this type of situation, it is to be hoped that the defendants will have seizable property outside China.
One of These Days. The Court has yet to rule.
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