Gucci America makes high end luxury footwear, handbags, sunglasses, wallets, and belts. This apparel company hires a private investigator to purchase from Wang’s website that sell counterfeit Gucci goods. After the product is delivered and is confirmed counterfeit, Gucci America filed a suit against Huoqing in a federal district court. Thesis: A U.S company can take action legally towards an individual from another country whose only contact to the United States is by a website.
Why Gucci Filed a Lawsuit against Wang Gucci has trademarked more than 21 registered trademark which consist of the word “Gucci” and other symbols. Defendant Wang Huoqing who resides in China has register, establish, and at that time maintain more than 24 counterfeit goods website such as, bag2do.com, bagdo.com, ibagto.com, my4shop.com, and ebagdo.com. This websites offer counterfeit goods with Gucci marks and name on a significantly lower quality compared to the genuine counterparts.
Gucci as plaintiff accuse that Wang’s website sells goods with the knowledge that his product will be mistaken as a genuine goods designed, made, and approved by plaintiff. Also, this may bring confusion and deception among general public. There are some reason why Gucci is able to file a lawsuit towards Wang in the U.S Federal Court. First, Wang’s website is an interactive website with an intention and mission to sell counterfeit products. The second reason was that website sells and ships their product to the United
As globalisation brings in new and various products, counterfeit goods also spread quickly. This has a negative influence on local retailers and trademark owners by taking away part of their local market share, taking advantage of the designs of a brand’s
In today’s ever changing and competitive modern world of business, it is critical for the companies to have activities internationally. In order to prohibit frauds and illegal activities, several acts and documents have been elaborated. One of the documents is Foreign Corrupt Practices Act that has been enacted in the 1970’s, as a result of SEC investigation of several U.S. companies that made illegal payments to foreign governmental officials, politicians, and political parties (Barnes 73). The FCPA had a critical impact on the way U.S. firms do business. Companies that did not comply with FCPA have been subject of criminal and civil enforcement actions that later resulted in huge fines and sentences for
Gucci is one of the most powerful leaders in luxury fashion market. Gucci is founded by Guccio Gucci in 1921 in Florence, Italy. Now, Gucci is the part of Gucci Group and Pinault Printemps Recloute (PPR). The globalization of the fashion environment and boost in the western economies transform Gucci from a small Italian company in to large luxury fashion brand in global level.
Gucci, a brand known for its quality, luxurious and royal association was confronted with strategic issues which made the company take notice of its strategy of expansion and brand personality. The company was not only having concerns with their product line but they were lacking unified corporate vision and strategy after its acquisition of some major names like YSL. Due to which they started having loophole in their luxurious goods market discipline. Strategic concern for the company was how does the brand image cascade down in the target market and how does it rejuvenate itself is a management lesson.
Doe v. Unocal Corporation case is well-known and complicated, however, this long lasting series of trials gave an opportunity to small individuals be on a par with large corporation in terms of the Alien Tort Claims Act (ATCA) and other International laws. The ATCA was founded in 1789 and allows foreign citizens to bring civil lawsuits in the US courts for damages caused by violations of the law of nations and treaty of the United States. Recently, it has been largely used to bring legal actions against companies working in other countries, for example, in cases of environmental threats (Globalpolicy.org, 2016). If these claims are allowed to proceed ATCA can rightly be considered, as a powerful tool for increasing corporate responsibility.
“Aleah, that is so ugly,” my friends exclaimed as I eagerly pulled out my brand new pants from their perfectly packaged shipping box. “But they’re Michael Kors!” I argued, as though it increased their appeal. The truth was, the price tag read $78.00, and they were completely see through. Within society, there are numerous people who spend thousands of dollars on designer clothing that is not considered attractive street fashion or good quality. Often, the reason clothing is priced highly is because it includes a logo to advertise the brand and proclaim that it is “the cool thing to wear” while pressuring surrounding people to buy from the same designer as an attempt to become cool as well.
This paper describes the legal, cultural, and ethical challenges that confronted the global business presented in the Nike sweatshop debate case study. The paper determines the various roles that the Vietnamese government played in this global business operation. This paper summarizes the strategic and operational challenges facing global managers illustrated in the Nike sweatshop case.
This case study touches on many topics within licensing but the three most dominant aspects within the Warnaco Group vs. Calvin Klein suit are the agreements and understandings discussed with a contract, the rights to a trademark and the rights of both the licensor and the licensee. While briefing this case study one can not help but notice, stated on page 21, the agreements that are displayed in exhibit 1: Excerpts from Calvin Klein Jeanswear Licensing Agreement. Here it is clear that the agreement, signed by BOTH parties, states that Warnaco agrees to maximize the quantity of Articles sold, and will be consistent with CKI’s past practices. One can assume, that due to the prolonged history between the two parties this includes Costco, Sam’s Club and BJs store, which alone were held responsible for 150 million dollars in warehouse sales, just one year prior to the filing of the lawsuit. It is also important to point out that this licensing agreement is not with CKI as the owner, it is in fact a licensing agreement with the CK Trademark Trust being the beneficial owner to ALL rights, titles and interest in or to the Licensed Mark. The licensing agreement then continues to state that “Warnaco controls any such act or thing which may cause any affect to the Trust.” With the understanding of licensing,
Gucci was founded in 1921 by Guccio Gucci. In 1938, Gucci expanded and a boutique was opened in Rome. Guccio was responsible for designing many of the company's products. In 1947, Gucci introduced the Bamboo handle handbag, which is still a company mainstay. During the 1950s, Gucci also developed the trademark striped webbing, which was derived from the saddle girth, and the suede moccasin with a metal horsebit. The Gucci group really said it all, Tom Ford, creative director and Domenico de sole, president and CEO, stood side by side facing the camera with eyes of steel. These two men had, in the first six months of 1999, been the centerpiece of one of most higly contested hostile takeover battles ever seen on the Europian
Your case that presented here is so interesting. Once I read it, I remember about the fraudulence in the WorldCom company.
Sweatshop workers make the ultimate sacrifice for profit. Merchandise in the garment industry are outsourced and produced by slave labourers forced in working conditions that are cruel and exploitative, often in fear of punishment. "A "sweatshop" is defined by the US Department of Labor as a factory that violates two or more labor laws" (Do Something, 2016). Human trafficking in the garment industry is prevalent globally, but astronomical numbers are concentrated in developing countries such as Indonesia and Vietnam. Multimillion-dollar, globalized companies have no accountability and turn a blind eye to the exploitation towards trafficked victims occurring behind the scenes in fear of jeopardizing company reputations. This research
In relation to the withdrawal of the Luon pants from the market in March 2013, this was owing that the pants were viewed as being over transparent by many (thehollywoodgossip, 2013). In May 2013, the lawsuits that were filed against the company regarding the renuneration increase of top managers and the accusation about hiding information concerning defected goods in order to rise stock prices – were cause for concern (Huang, 2014, p.7). This is because the lawsuits were filed by investors (Huang, 2014, p.7). In June 2013,
Gucci Group is a luxury goods retailer focusing on improving their market share while producing high quality fashionable items. Initially, Gucci’s poor business strategy and internal family conflict directly resulted in decreased sales and net income. When Investcorp took control of the company, Gucci regained their success through quality management and acquisitions. Gucci’s product line now includes a large range of products. We would like to continue Gucci’s success and believe that the next major business decision for Gucci is how to manage the new acquisitions. We recommend that Gucci cease further acquisitions of companies to its portfolio and should not challenge the status quo by making big management changes
To those who are not familiar with the processes within the fashion industry, this world of style is characterized by a peaceful coexistence between all the stakeholders. To those in the know however, this is far from the truth with the fashion industry. The value of the United Kingdom fashion industry is large contributing to about 20 billion pounds into the country’s economy on an annual basis. To have a better understanding, the contribution made by the fashion industry to the country’s Gross Domestic Product is almost twice that being brought in by car manufacturers which is valued at 10.1 billion so fashion is no doubt a major business and clothing designs one of the core assets. In considering this, it is therefore a surprise that businesses that are operating within this industry within this industry are not given the opportunity to do more to protect the designs that they have. This paper puts forward the assertion that based on the case law of J Choo(Jersey) Limited v Towerstone Limited and Others, the system of intellectual property protection available in United Kingdom law is not fit for use in the fashion industry in its present condition.
One of the biggest driving forces in the fashion industry nowadays is the continuous introduction of new trends and the opportunity for designers to display their creativity. So, when that individuality is stolen or copied from a designer, it can produce uneasy consequences. Known as “design piracy”, this widespread reproduction of designs has actually been around for decades. Not much has been done at a federal level to prevent the moral and economic repercussions that stem from it. However, despite the fact that designers lose both independent recognition and profit for their work, in the long run, fashion piracy actually helps grow the industry by swiftly moving styles through society to make way for the next line of innovative