![]() As discussed in a post on Proskauer's false advertising blog, the Court denied The RealReal's motion to dismiss Chanel's false advertising claim because Chanel had plausibly alleged that, contrary to The RealReal's promise of 100% authenticity, a number of Chanel products sold by The RealReal were in fact counterfeit.Ĭhanel's counterfeiting claim was premised on The RealReal's resale of counterfeit Chanel products. ![]() This client alert focuses on the Court's decision as to trademark infringement and counterfeiting. The RealReal moved to dismiss the First Amended Complaint in its entirety.Īs described above, the three main issues in this case involve false advertising, trademark infringement, and counterfeiting. As such, Chanel claimed that The RealReal's advertising claims that its goods are genuine (including claims that its goods are "100% the real thing," "100% authenticated," and authenticated by in-house "experts") constitute false advertising. In addition, Chanel alleged that some of the Chanel-branded goods The RealReal has sold are counterfeit. In its First Amended Complaint, Chanel alleged that The RealReal's use of the CHANEL mark on its website, in advertising materials, and in its brick-and-mortar stores to advertise the availability of Chanel products constitutes trademark infringement. This dispute arose from The RealReal's use of the CHANEL trademark in connection with its resale of Chanel-branded goods. It sells consigned handbags, jewelry, and clothing (among other items) from various popular high-end fashion brands, including Chanel. The RealReal is an online and brick-and-mortar luxury consignment retailer. In addition, the decision provides a helpful reminder of how courts in the Second Circuit apply the nominative fair use doctrine. eBay, affording less protection to some online marketplaces than others. ![]() As discussed below, the decision takes a narrow view of the Second Circuit's decision in Tiffany v. Broderick of the Southern District of New York recently issued a decision on The RealReal's motion to dismiss that is notable in several respects. In a high-profile trademark infringement and counterfeiting showdown between Chanel and The RealReal, Judge Vernon S.
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