Washington, DC — In January, Arent Fox LLP secured a summary judgment on behalf of the sportswear manufacturer Fila against a website that was cybersquatting and appeared to carry the company’s internationally recognized label. This is the second domain name Arent Fox obtained in recent months for Fila after successfully arguing that the website registrant’s actions violated the Anticybersquatting Consumer Protection Act.
“By squatting on the domain ‘fila-watches.com’ and ‘filawatches.com’ and referencing the company’s trademark name, the websites were creating the false impression they are an authorized seller of Fila watches,” said Fashion Law leader Anthony V. Lupo. “The unlawful use of the Fila trademark, with intent to profit, would potentially injure Fila’s customers who think they are buying a Fila-quality watch, which the company has sold for more than 30 years.”
Mr. Lupo led a team from Arent Fox that included Intellectual Property partner James R. Davis and associate Luna M. Samman, who argued the case Fila Luxembourg S.a.r.L. v. fila-watches.com in the US District Court for the Eastern District of Virginia. In October 2014, Arent Fox also secured the website filawatches.com.
Mr. Lupo’s diverse practice operates at the intersection of fashion, e-commerce, and media and entertainment. In the fashion industry, Mr. Lupo serves as strategic counselor to leading companies that include Diane Von Furstenberg, Maison Martin Margiela, Lacoste, Diesel, and Hugo Boss. In 2013, Mr. Lupo and his team launched Fashion Counsel, a legal blog that highlights critical issues for designers, retailers, and manufacturers. A link to the blog is here.
Arent Fox’s Fashion Law: Luxury Goods, Designer Brands & Retail group is widely recognized as one of the preeminent fashion law practices in the country. The firm serves as general counsel for a number of high-end European fashion and luxury goods companies and provides counsel on a full spectrum of issues, including corporate, real estate, employment, trademark, class action, national and global distribution, advertising, promotions, data protection, fulfillment, and California-specific litigation.