January 3, 2024
Rosemberg Law successfully opposed a motion to dismiss a lawsuit brought on behalf of its client, an international manufacturer and distributor of luxury and sports eyewear, alleging violations of its trademark rights under the Lanham Act. The lawsuit alleges that Defendants, a Florida limited liability company and its President, operate an online retail storefront on eBay where they sell sunglasses bearing counterfeits of the client’s trademarks. The Defendant President sought to dismiss the lawsuit by arguing that the Complaint did not allege any facts that demonstrate his individual liability. In rejecting that argument, the Court reiterated well-established legal principles that natural persons, as well as corporations may be liable for trademark infringement under the Lanham Act, and that a corporate officer who directs, controls, ratifies, participates in, or is the moving force behind the infringing activity, is personally liable for such infringement without regard to piercing of the corporate veil.