Louis Vuitton Malletier S.A.S. v. Contour 5151 ONH, LLC et al, Civil Action No. 1:23-cv-02818-VMC (N.D. Ga., June 23, 2023)

Louis Vuitton Malletier S.A.S. (“Louis Vuitton”) has filed suit in the Northern District of Georgia against Contour 5151 ONH, LLC (“Contour”) for trademark infringement.

Louis Vuitton, a luxury fashion house, alleges Contour, the owner of the Old National Discount Mall, infringed on their trademarks by “creating a safe haven for the sale of goods bearing counterfeits of the Louis Vuitton Trademarks.” Dkt. 1, at ¶ 2. According to the Complaint, Contour bought Old National Discount Mall (the “Market”) in 2019, despite being a known “hotbed for counterfeiting.” Id. at ¶ 27. The Complaint continues: “Notwithstanding the Market’s well-known prior counterfeiting history, including a criminal raid and a civil trademark case, Contour proceeded with purchasing the Market. Incredibly, Contour made no meaningful effort to stop the counterfeiting activity taking place at the Market following the change in ownership. Rampant counterfeiting, including sales of Counterfeit Louis Vuitton Products, continued unabated.” Id. at ¶ 28.

According to the Complaint, investigators for Louis Vuitton entered the Market in September 2020 and identified several individuals and/or businesses distributing counterfeit goods. Id. at ¶ 29. With that knowledge, Louis Vuitton attempted to deliver a notice letter through UPS, but they were “refused and sent back to Louis Vuitton.” Id. at ¶ 29. As alleged, Louis Vuitton only succeeded when it “hand delivered” the notice letter to security personnel at the Market. Id. In explaining the extent of the alleged counterfeiting, the Complaint also states that at one point, “law enforcement officers discovered and seized over three thousand four hundred seventy-eight (3,478) counterfeit Louis Vuitton products from fifty-five (55) booths at the Market.” Id. at ¶ 35.

Louis Vuitton brings counts for contributory trademark liability and vicarious liability against Contour and unnamed corporations and individuals. The case has been assigned to Judge Victoria Calvert.