Blake Dawson Waldron - Louis Vuitton unsuccessful against market owner

Louis Vuitton unsuccessful against market owner - Melissa Preston, Lawyer reports on Louis Vuitton Malletier SA v Toea Pty Ltd [2006] FCA 1443:

    • “Louis Vuitton claimed the operator and manager of a market had knowledge of sales of counterfeit Louis Vuitton products by stallholders and did not take effective action to restrain the infringing conduct over a period of time.”
    • “The Federal Court rejected LV’s claims, finding that the respondents had not encouraged the stallholders’ infringements, as they had actively attempted to stop the sale of the infringing goods.”
    • “The Court stated that in order for a party to be liable as a joint tortfeasor in the circumstances, it would be necessary to prove that the operator and manager “acting in concert with each stallholder in committing the tort”".

Link to Blake Dawson Waldron article


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