Facts

Plaintiff Louis Vuitton transmitted several abuse complaints concerning websites offering counterfeit Louis Vuitton merchandise on defendants' servers. Notifications were sent by defendant internet service providers (ISP) to defendants' wholesale customers and abuse sites disappeared, only to reappear later. After the lawsuit was filed, additional steps were taken to disable access to servers used by allegedly infringing websites, but sites would return on servers controlled by defendants, often through other wholesale customers, according to defense counsel.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants failed to take reasonable steps on a timely basis to remove infringing content and/or disable access to sites which were the subject of its notices.

DEFENDANTS' CONTENTIONS:
The defense contended that it did all it technically could do and was consistent with ISP industry standards. The defense further claimed that defendants were not responsible for actions of its customers based in China, and did not aid or cause or induce any infringing. The defendants also asserted a defense under the Digital Millennium Copyright Act.

Result

Plaintiff's verdict. The jury found willful contributory trademark infringement of $700,000 for each of 15 trademarks infringed by each defendant. The jury also found willful contributory copyright infringement of $150,000 for each of two copyrights infringed by each defendant. The jury awarded plaintiff $32,400,000.

Other Information

Rule 50 motions are pending. FILING DATE: Aug. 1, 2007.

Deliberation

two days

Length

two weeks