Torry Burch, the high-end designer and retailer of women’s clothing and accessories, has been awarded $164 million in damages by the New York City judge overseeing her lawsuit against four counterfeiters. To date, however, Burch has collected very little of that figure. She will likely never see much of the money she is owed, but Burch’s lawsuit has pioneered new frontier in the fight against counterfeit retailers.
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Torry Burch’s Lawsuit
When she filed her lawsuit, Burch showed that she meant business. In the past, designers have been successful in lawsuits against a single counterfeiter, but Burch decided to take on four counterfeiter retailers. She sued:
- Glitzlane Botique
- Lin & J International Inc.
- Jewelry House Corp.
- Wanona Trading Inc.
These companies were selling goods that bore logos that were virtually identical to Burch’s TT logo.
FAKE
Setting a Precedent
By winning her lawsuit, Burch has set an important precedent for the fashion industry – and potentially many other industries. Although Burch will probably collect only a portion of the $164 million that she is due, Burch was granted control of the websites that used her copyrighted logo and brand name illegally. In addition to going after the street vendors of cities like New York City, Burch named more than 100 counterfeit websites. Now, she has the right to shut each of those websites down, as well as any counterfeit websites imitating her brand that might be created in the future.
via Observer
Cases between fashion designers and counterfeit websites will now likely follow Burch’s case, which is great news for fashion designers. They are not the only ones who will benefit from this precedent, though. FindLaw’s legal blog has noted that Burch’s case might also help web developers and designers, whose images and themes are often copied without permission.
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Protecting Her Brand
Burch may not receive the suit’s total sum, and she may have greatly helped fellow designers in the fight against counterfeiters. Burch, however, is anything but a self-sacrificing hero trying to help her colleagues. She has a brand to protect.
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In 2012, her company took in $800 million – over four times what the suit awarded her. Burch filed this suit to protect her company and her income, not out of love for fellow designers. Nevertheless, what was in her best interest was also helpful for many others in the fashion industry.
