Class Action Lawsuit Filed Against Coach for Attempt to Bar “Second Hand” Online Sales of Coach Products

Posted on: February 21st, 2011 by Steve Larson
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A class action lawsuit has been filed against Coach in the United States District Court for the Western District of Washington in Seattle (entitled Gina Kim v. Coach Inc. and Coach Services, Inc., Class Action Case No. 2:11-cv-00214-RSM). The complaint alleges that Coach is engaged in a campaign to suppress “second hand” sales of Coach handbags and other Coach products online on websites such as E-Bay and Craigslist by accusing consumers of infringing its trademarks by selling counterfeit Coach products.

The class action is brought on behalf of a putative class consisting of the following persons, unless otherwise excluded:

All consumers in Washington State who have, in the last three years, received a cease and desist letter from Coach or the agents of Coach, accusing them of attempting to sell infringing and counterfeit Coach products through an online outlet such as E-Bay, Craigslist, and other such services, where the allegation was made without basis and has harmed the consumer.

I wonder how many cease and desist letters were sent out, where the product being sold was not a counterfeit Coach product.  Seems to be a challenging case to prosecute as a class action, because you have to show individual harm, but I guess we will have to wait and see if this case goes anywhere.

For more information on the Coach handbag “second hand” online sales class action lawsuit, read the Coach handbag class action lawsuit complaint at this link.