Designer goods company Coach sued a Fort Lauderdale flea market's landlord and the company that owns it seeking millions of dollars in damages claiming vendors are allowed to sell fake goods.
The lawsuit, filed in federal court in Fort Lauderdale on March 2, claims that in November, a Coach investigator went to the Fort Lauderdale-based Swap Shop and found that vendors were "advertising, displaying, offering for sale, an/or selling, in plain view Counterfeit Coach products, including but not limited to cell phone covers."
In December, authorities also raided the flea market and various counterfeit products were seized, the lawsuit said. The company claims they sent various notices as well, the lawsuit claims.
The South Florida Sun Sentinel quoted landlord Preston Henn as saying that he tells vendors not to sell knock offs, but he cannot canvass each of the 5,000 stalls to get rid of all possible items.
He told the newspaper that he wrote to Coach. He said the company offered to send staff to show vendors how to check for fake goods.
"Send us a real Coach purse and send us a fake one' so I can try to figure out what they're talking about," the paper quoted Henn as saying. "They told me to go to one of their stores and buy a real one."
In the lawsuit, Coach said that the vendors do not have a license or permission from the company _ which has annual global sales of almost $4 billion _ to use any of their trademarks.
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"The Defendants had and continue to have the right and ability to supervise the infringing activities, and have a direct financial interest in such activities; however they continue to act with reckless disregard or willful blindness, effectively condoning its tenants/vendors unlawful activities," the lawsuit said.
This has caused harm to the brand, and causes confusion and deception for the public, the suit said.
The suit also asks for an injunction against the manufacturing, importing, selling of any items that have the Coach trademarks. The company wants all such remaining items recalled and delivered to Coach to be destroyed.
Coach wants $2 million per counterfeit mark per type of item, all attorneys and other fees, the lawsuit said. It wasn't immediately known exactly how much that adds up to.
NBC 6 couldn't immediately reach Henn for comment. Coach's attorney in Miami, David Rosemberg, also wouldn't comment.
