Tokidoki Takes Firm Action Against Sellers Of Counterfeit Products

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8th November 2010, 12:04pm - Views: 706





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      Monday 8 November 2010


Tokidoki takes firm action against sellers of counterfeit products

Tokidoki is an international fashion lifestyle company with its headquarters in Los Angeles, USA.  Tokidoki has

developed an innovative line of apparel, handbags, cosmetics and accessories all featuring depictions of its unique

larger-than-life characters and trade marks.  Tokidoki's designs and prints are renowned for their individual design

qualities.  The brand’s cult status has fuelled high-profile collaborations with Karl Lagerfeld, Sephora, LeSportsac,

Onitsuka Tiger, Marvel, New Era, Hello Kitty, Fujitsu, Levi's, Smashbox Cosmetics, Xbox, T-mobile, Fornarina,

Skullcandy and Medicom Toy. Tokidoki sells its products to many retailers throughout Australia. 

In January 2010, Tokidoki was alerted by Australian Customs Service to a shipment which contained a substantial

number of counterfeit "Tokidoki" bags.  All of these bags featured swing tags and sewn in labels featuring the

"Tokidoki" trade mark.  Some of the bags featured reproductions of Tokidoki's designs which are protected in

Australia as copyright works being the "Eco" and "Carnival" prints (see attached).  Other bags featured designs which

were not created by Tokidoki but the fabrics reflected the type of designs which are created by Tokidoki.  The importer

of these products was Kopuz Leather and the operators of this business are Ali and Fatma Kopuz.

In January 2010, investigators briefed by Tokidoki visited Mr and Mrs Kopuz's market stall at Paddy's Market in

Sydney.  The investigators purchased bags which all featured the "Tokidoki" trade mark.  Some of these bags also

reproduced Tokidoki's "Eco" Print.

Tokidoki issued proceedings in the Federal Magistrates Court of Australia against Mr and Mrs Kopuz.  Tokidoki

alleged that the respondents had, in offering for sale and selling counterfeit "Tokdioki" products, committed acts of

trade mark infringement, copyright infringement, misleading and deceptive conduct and the tort of passing off.  .

The case has now been settled between the parties.  The respondents agreed to pay a significant amount in costs

and damages to Tokidoki to settle this proceeding.  The respondents also gave undertakings agreeing to not in the

future manufacture, import for sale, sell, or by way of trade, offer and/or expose for sale, or exhibit in public products

featuring the "Tokidoki" trade marks or Tokidoki's copyright works if these trade marks or copyright works were been

applied to these goods with the consent of Tokidoki.

Ivan Arnold, President of Tokdioki LLC said "Tokidoki is committed to protecting its brand "Tokidoki" and its original

copyright works and the distinctive look of its products.  Over the years Tokidoki has many times taken action against

copyists and sellers of counterfeit "Tokidoki" product in Australia and overseas who have copied our innovative and

exclusive designs and used the "Tokidoki" brand without our consent.  It is important that Tokidoki protects its original

designs and the "Tokidoki" brand so that its loyal customers are guaranteed that the products which they purchase

are the quality they expect and so that they do not see cheap poor quality knock off imitations in the market and being

used or worn by other people.  If they see that it does irreparable damage to our brand”.  As the "Tokidoki" brand

achieves greater international acclaim further counterfeit product is entering into the marketplace and constant

vigilance needs to be maintained against copiers of Tokidoki's designs.".

Tony Watson, a partner of Middletons who acted for Tokidoki, said "Tokidoki hopes the settlement reached by

Tokidoki delivers a strong message to importers and retailers –"Don't import or sell counterfeits of Tokidoki products!" 

Counterfeiting is now more prevalent than ever in Australia and throughout the world and brands like Tokidoki need to

be vigilant in protecting their intellectual property rights and taking action against counterfeiters and sellers of

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counterfeit product.  Tokidoki is committed to protecting its brand and business relations with its stockists and

customers.  The Customs program operated by Australian Customs Service clearly works very well and greatly

assists brand owners in seizing counterfeit product at the border before the products enter into the Australian

marketplace.  All brand owners should set up Customs programs with Australian Customs Services as it is a low cost

and effective way of identifying and seizing counterfeit product at the border".

Further information

Jeremy Hyman

Media and Communications Manager

T: +612 9513 2451

F: +612 9513 2399

M: +614 49 953 890

E: jeremy.hyman@middletons.com 






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