In the bag: “Willful blindness” defense denied

Description

Abstract: After a designer of accessories notified a distributor that the products it was importing were counterfeit, it noticed no change of behavior and subsequently sued. A district court found the defendant liable for willful infringement and awarded damages to the plaintiff. The defendant appealed, but this article explains how its lack of action following its original notification led to the appeals court’s conclusion that the defendant had indeed willfully infringed. Fendi Adele, S.R.L. v. Ashley Reed Trading, Nos. 11-3025-cv (Lead), 11-3027-cv (Con), 11-3058-cv (XAP), Jan. 4, 2013 (2nd Cir.)