Tokidoki is an international fashion lifestyle company with its
headquarters in Los Angeles, USA. Tokidoki has developed an
innovative line of apparel, handbags, cosmetics and accessories all
featuring depictions of its unique larger-than-life characters and
trade marks. Tokidoki's designs and prints are renowned for
their individual design qualities. The brand's cult status has
fuelled high-profile collaborations with Karl Lagerfeld, Sephora,
LeSportsac, Onitsuka Tiger, Marvel, New Era, Hello Kitty, Fujitsu,
Levi's, Smashbox Cosmetics, Xbox, T-mobile, Fornarina,
Skullcandy and Medicom Toy. Tokidoki sells its products to many
retailers throughout Australia.
In January 2010, Tokidoki was alerted by Australian Customs
Service to a shipment which contained a substantial number of
counterfeit "Tokidoki" bags. All of these bags featured
swing tags and sewn in labels featuring the "Tokidoki"
trade mark. Some of the bags featured reproductions of
Tokidoki's designs which are protected in Australia as
copyright works being the "Eco" and "Carnival"
prints (see attached). Other bags featured designs which were not
created by Tokidoki but the fabrics reflected the type of designs
which are created by Tokidoki. The importer of these products was
Kopuz Leather and the operators of this business are Ali and Fatma
In January 2010, investigators briefed by Tokidoki visited Mr
and Mrs Kopuz's market stall at Paddy's Market in Sydney.
The investigators purchased bags which all featured the
"Tokidoki" trade mark. Some of these bags also reproduced
Tokidoki's "Eco" Print.
Tokidoki issued proceedings in the Federal Magistrates Court of
Australia against Mr and Mrs Kopuz. Tokidoki alleged that the
respondents had, in offering for sale and selling counterfeit
"Tokdioki" products, committed acts of trade mark
infringement, copyright infringement, misleading and deceptive
conduct and the tort of passing off. .
The case has now been settled between the parties. The
respondents agreed to pay a significant amount in costs and damages
to Tokidoki to settle this proceeding. The respondents also gave
undertakings agreeing to not in the future manufacture, import for
sale, sell, or by way of trade, offer and/or expose for sale, or
exhibit in public products featuring the "Tokidoki" trade
marks or Tokidoki's copyright works if these trade marks or
copyright works were been applied to these goods with the consent
Ivan Arnold, President of Tokdioki LLC said "Tokidoki is
committed to protecting its brand "Tokidoki" and its
original copyright works and the distinctive look of its products.
Over the years Tokidoki has many times taken action against
copyists and sellers of counterfeit "Tokidoki" product in
Australia and overseas who have copied our innovative and exclusive
designs and used the "Tokidoki" brand without our
consent. It is important that Tokidoki protects its original
designs and the "Tokidoki" brand so that its loyal
customers are guaranteed that the products which they purchase are
the quality they expect and so that they do not see cheap poor
quality knock off imitations in the market and being used or worn
by other people. If they see that it does irreparable damage to our
brand". As the "Tokidoki" brand achieves greater
international acclaim further counterfeit product is entering into
the marketplace and constant vigilance needs to be maintained
against copiers of Tokidoki's designs.".
Tony Watson, a partner of Middletons who acted for Tokidoki,
said "Tokidoki hopes the settlement reached by Tokidoki
delivers a strong message to importers and retailers
–"Don't import or sell counterfeits of Tokidoki
products!" Counterfeiting is now more prevalent than ever in
Australia and throughout the world and brands like Tokidoki need to
be vigilant in protecting their intellectual property rights and
taking action against counterfeiters and sellers of counterfeit
product. Tokidoki is committed to protecting its brand and business
relations with its stockists and customers. The Customs program
operated by Australian Customs Service clearly works very well and
greatly assists brand owners in seizing counterfeit product at the
border before the products enter into the Australian marketplace.
All brand owners should set up Customs programs with Australian
Customs Services as it is a low cost and effective way of
identifying and seizing counterfeit product at the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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