Because there was no official verdict in the case, it does not set any legal precedent for future lawsuits. But Miami attorneys Steven Peretz and Michael Chesal, who are experts on trademark law but were not involved in the Coach case, said they thought the case was a win for Coach.
“This gives Coach and other luxury brands another arrow in their quiver in trying to enforce their branding and trademark rights against flea market operators and shopping malls,” Peretz said.
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Because damages can run anywhere from $1,000 to $2 million per infringement, it’s impossible for defendants to predict how much it could cost them to fight such litigation, Peretz and Chesal said.
“It’s like running a red light and not knowing if the fine could be $100 or $10,000,” Peretz said.
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