Page 15 - The Katten Kattwalk - Summer 2025 - Issue 29
P. 15

Chanel’s Legal




           Victory Sends a




           Clear Message:  Authenticity Isn’t




                                                                Just a Luxury —




                                                                It’s the Law






                                                                By Carly Ryan

                                                                “          ard times arouse an instinctive desire
                                                                           for authenticity,” Coco Chanel once said.
                                                                           Chanel, the eponymous company, has
                                                                Htaken this motto to heart in its unwavering
                                                                commitment to protecting its intellectual property —
                                                                an effort that recently culminated in a unanimous
                                                                verdict against luxury reseller What Goes Around
                                                                Comes Around (WGACA) for trademark infringement,
                                                                false association and false advertising.
                                                                On February 6, a jury for the US District Court
                                                                for the Southern District of New York found the
                                                                reseller liable on all counts, awarding Chanel $4
                                                                million in statutory damages. Chanel also sought
                                                                $6.7 million from WGACA in attorney’s fees. On
                                                                February 26, the court entered its final judgment
                                                                on equitable remedies, enjoining WGACA from the
                                                                use of confusingly similar marks. The nearly six-
                                                                year-long case alleged that WGACA sold counterfeit
                                                                Chanel bags and used Chanel’s trademarks without
                                                                authorization. In this article, we cover the most
                                                                significant federal legal developments of the case and
                                                                distill the valuable takeaways.

                                                                Trademark Infringement and
                                                                False Association Claims
                                                                To prevail on a claim of trademark infringement or
                                                                false association, the plaintiff must show that the
                                                                defendant’s use of a mark creates a likelihood of
                                                                consumer confusion.  The consumer is not required
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