Chanel, Inc. v. Italian Activewear of Florida, Inc.
United States Court of Appeals for the Eleventh Circuit
931 F.2d 1472 (1991)
Mervyn Brody, president of Italian Activewear of Florida, Inc. (defendant), imported and sold bags and belts bearing the Chanel, Inc. (plaintiff) mark from a supplier he knew was not an authorized Chanel dealer, without asking where the goods came from, even though they lacked several typical indicia of authenticity. The goods turned out to be counterfeit; after a buyer's shipment was seized, an associate of Brody's quickly removed the remaining counterfeit merchandise from the store and put it in his car trunk. Chanel sued for trademark infringement, seeking mandatory treble damages and attorneys' fees for willful counterfeiting, and the district court granted Chanel summary judgment.
Whether, absent extenuating circumstances, an award of treble damages and attorneys' fees is mandatory for willful trademark counterfeiting, and whether summary judgment was appropriate on that issue here.