6th Circ. Backs Coach's $5M Win Over Flea Market Fakes

Law360, Los Angeles (May 31, 2013, 9:41 PM EDT) -- The Sixth Circuit on Friday upheld a lower court’s $5 million trademark infringement judgment against a Memphis, Tenn.-based flea market, saying the market was liable for allowing vendors to sell counterfeit Coach Inc. handbags on its premises.

A three-judge panel of the appeals court held that the Southwest Flea Market was secondarily liable for trademark infringement because its owner, Frederick Goodfellow, was aware that vendors were selling fake Coach products and didn't take adequate measures to stop them. 

"Throughout this sustained period of time, [the defendant] failed to...
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