Luxottica Group S.p.A. et al v. Bill’s Flea Market, Inc., Civil Action No. 1:22-cv-04354-ELR (N.D. Ga., Nov. 1, 2022)
Flea markets are a great place to locate that hard-to-find antique or one-of-a-kind gift. But their transitory nature, and the cash-only policy of many vendors, also make flea markets a prime location for selling counterfeit goods.
A group of luxury brands is suing a Lithia Springs, Ga. flea market, calling it a “hot-bed for vendors to sell illegal ‘knock-off’ goods.” The IP owners and makers of Ray-Ban, Oakley and Costa sunglasses say vendors at Bill’s Flea Market regularly sell counterfeit versions of their world-famous products.
In August 2022 and again in September 2022, an investigator working for the plaintiffs went to Bill’s Flea Market and purchased several pairs of sunglasses that the plaintiffs say are counterfeit. Photos of these items—as displayed at the flea market—are included in the filing with the Northern District.
Attorneys for Luxottica (Ray-Ban), Oakley and Costa Del Mar say numerous cease and desist letters sent to the defendant have been ignored. In addition to seeking damages, they are asking the court to enforce their trademarks and ensure that the alleged counterfeit goods are no longer sold at the flea market.
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