The Swatch Group and Omega SA Secure Victory at the Second Circuit
- 1.8.2021
This week, WilmerHale client The Swatch Group and Omega SA won a major victory when the US Court of Appeals for the Second Circuit affirmed its judgment for contributory trademark infringement against 375 Canal LLC. The precedential decision affirmed a jury verdict, damages award, and permanent injunction in the Southern District of New York where Omega sued a commercial landlord in Manhattan for contributory trademark infringement. The jury awarded Omega $1.1 million in statutory damages based on the sale of an $80 dollar counterfeit Omega watch. The Second Circuit’s decision confirms that commercial landlords can be held liable if they are willfully blind to trademark infringement by their tenants.
The WilmerHale team was featured as runners-up in Litigation Daily’s Litigator of the Week for their work on this matter and the ruling was ranked number two in Law360’s "Top 7 Trademark Rulings of 2021: A Midyear Report." The WilmerHale team representing The Swatch Group and Omega SA includes Robert Gunther, Christopher Noyes, Thomas Saunders, Isley Gostin and Wenbo Zhang.
