ALBANY, N.Y., Dec. 10 2004 – LAWFUEL – First with law news – …

ALBANY, N.Y., Dec. 10 2004 – LAWFUEL – First with law news – World respected eyewear company Silhouette Optical was awarded a Supplemental Default Judgment in the amount of $303,554.30 in damages, a victory in the company’s struggle to combat counterfeit merchandise sales. The sale of imitation goods continues to be a
thorn in the side of many companies, especially those who produce luxury
products. Other companies such as the Cartier International Corporation and
the Montblanc-Simplo Corporation have filed similar complaints in hopes to
hinder this growing trend of online fraud.

The preliminary injunction was brought before the U.S. District Court in
Manhattan blocking false advertising of products under the SILHOUETTE(R) brand
on May 17, 2004. Silhouette International Schmied AG and its U.S. subsidiary,
Silhouette Optical Ltd., sued Marina’s Boutique Store, forbidding them, along
with their principals, from using any of the Silhouette trademarks in their
offering of products on the internet. Marina’s had been advertising eyewear on
eBay, falsely claiming that the products had been manufactured by Silhouette.

This decision marks a successful attempt by Silhouette to make sure their
loyal customers are not being defrauded. Silhouette has started to
aggressively pursue counterfeit sales both to protect its reputation as a
European based manufacturer of precision quality eyewear and to ensure its
proper distribution through certified optical professionals. As prescription
eyewear is a health related product, sales over the internet potentially could
deprive consumers of the necessary care that professional eyewear dispensers

Silhouette continues to work in conjunction with the eBay VeRO program —
“Verified Rights Owner”. This program allows any person or company that holds
intellectual property rights, such as a trademark, patent, or copyright, to
become a VeRO program member. This privilege also allows the member to shut
down auctions identified as selling counterfeit items.

People who engage in this type of fraud not only profit illegally, but
also tarnish the reputation of legitimate companies, especially when the are
guilty of false advertising in addition to their deceptive sales. In the case
of faux Silhouette eyewear, it is unlikely that any of the replicated products
incorporate the extensive research, patented materials, and acute attention to
detail and design that Silhouette invests in their eyewear. Silhouette was
founded in Austria in 1964, its products are sold in over 90 countries

For information about genuine Silhouette products, please visit: or contact Silhouette Optical Ltd. at 800-223-0180.

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