Obtained a preliminary injunction, which was affirmed on appeal, enjoining CVS's sale of decoded gray market DAVIDOFF COOL WATER fragrances, as well as counterfeits, based upon a holding that the removal of a serial number used for anti-counterfeiting and quality control purposes from gray market products was a "material difference" under the trademark laws even though consumers have no appreciation of the importance of the code. The decision is an important one to brand owners who seek to control counterfeiting by employing anti-counterfeiting devices and policing their channels of distribution.
Zino Davidoff S.A. v. CVS Corp., No. 06 CV 15332 (KMK), 2007 WL 1933932 (S.D.N.Y. July 2, 2007), aff'd, 571 F.3d 238 (2d Cir. June 19, 2009).
