World Trademark Review Daily
July 8, 2009
Partner Timothy J. Kelly’s article, “Removal of UPCs constitutes trademark infringement, says Second Circuit” featured in World Trademark News Daily explores how manipulation and mutilation of product packaging can provide grounds for preliminary injunctive relief, even before a determination is made as to the authenticity of the underlying accused product. In Zino Davidoff S.A. v. CVS Corporation, the Second Circuit held that the removal of UPCs from product packaging “impaired” the trademark owner’s trademarks by interfering with the its ability to identify counterfeit goods and to control the quality of its legitimate products. As a result, the trademark owner was found likely to succeed in its trademark infringement claims, notwithstanding the fact that the packages in the accused infringer’s possession bore the authentic trademark and may even have been genuine product.