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LMGM, the global intellectual property rights management entity for international football icon Lionel Messi, has officially initiated a civil action in the United States District Court for the Southern District of New York (SDNY). The litigation primarily targets a multitude of Chinese merchants operating on major cross-border e-commerce platforms, including Temu and Walmart. The Plaintiff alleges that the relevant merchants have engaged in the unauthorized sale of counterfeit products, constituting trademark infringement of the “MESSI” marks and unfair competition, thereby resulting in significant detriment to the global goodwill and reputation of the Messi brand.
The Legal Basis of Rights
LMGM has lawfully obtained an exclusive license to use the "MESSI" trademark in the United States. Under the US Lanham Act, the proprietor of a registered trademark enjoys exclusive rights to use that mark; any unauthorized use of an identical or similar mark on the same or similar goods, which creates a likelihood of confusion or misrepresentation as to the source or affiliation of the goods among the relevant public, constitutes trademark infringement.
（Source: Public Court Records of the U.S. District Court for the SDNY）
Core Legal Claims
- Trademark Infringement and Counterfeiting: Defendants engaged in large-scale unauthorized use of the "MESSI" trademark on e-commerce platforms to sell counterfeit goods.
- False Designation of Origin: Defendants’ misleading online practices, including the imitation of genuine products and deceptive marketing, are highly likely to cause consumer confusion regarding the source or authorization of the products.
- Unfair Competition: By leveraging online platforms and search mechanisms to divert consumers, Defendants unlawfully exploit Plaintiffs’ global goodwill.
- Willful Infringement: Defendants acted with clear knowledge and bad faith, causing ongoing harm to the brand’s commercial interests.
Authentic vs. Counterfeit
*Exemplars of Genuine Products and Images Incorporating the MESSI Trademark
(Source: Public Court Records of the U.S. District Court for the SDNY）
Exemplars of Counterfeit Products Sold by Defendants
(Source: Public Court Records of the U.S. District Court for the SDNY）
Prayer for Relief
Based on the foregoing infringing conduct, LMGM seeks the following legal remedies:
- Cease and Desist: Defendants must immediately stop all unauthorized use of the "MESSI" trademark, including the sale, marketing, and distribution of counterfeit goods.
- Platform Enforcement: Plaintiffs request that relevant e-commerce platforms remove infringing listings and disable associated store accounts to prevent continued infringement.
- Monetary Damages: Plaintiffs seek the disgorgement of profits and compensation for losses, or alternatively, statutory damages of up to USD 2,000,000 per infringement, along with attorneys’ fees and costs.
- Injunctions: Plaintiffs request temporary, preliminary, and permanent injunctions to fully restrain ongoing infringement.
NEO-ARK Tip: Trademark compliance in cross-border e-commerce has entered an era of strict, zero-tolerance regulation. Respecting the boundaries of international intellectual property rights is no longer optional—it is the ultimate cornerstone of a sustainable global business.
