Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Luis Vuitton Malletier, S.A., (“Plaintiff’) brings this action against Akanoc Solutions, Inc. (“Akanoc”), Managed Solutions Group, Inc. (“MSGI”), and Steven Chen (collectively, “Defendants”), alleging violations of the Trademark Act, 15 U.S.C. §§ 1051 , et seq., and the Copyright Act of 1976, 17 U.S.C. §§ 101 , et seq. Plaintiff alleges that Akanoc and MSGI, both owned and managed by Chen, knowingly allowed and encouraged certain websites to use Defendants’ services for infringing Plaintiffs valid trademarks and copyrights.

Presently before the Court are Defendants’ Motion for Summary Judgment and Supplemental Motion for Summary Judgment. The Court conducted a hearing on September 8, 2008. Based on the papers submitted to date and oral argument, the Court GRANTS in part and DENIES in part Defendants’ Motion and Supplemental Motion for Summary Judgment.

II. BACKGROUND

Plaintiff is a French corporation that is the sole and exclusive distributor of luxury merchandise, including a variety of handbags and other goods. (Complaint ¶¶ 8-9.) Plaintiff owns various trademarks and…