Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton - Designer Handbag & Purse Chat.. The Bag Forum

Jennifer · June 4th, 2008, 01:43 AM

Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton

Quote:

A Manhattan federal judge has ruled in favor of Dooney & Bourke in a four-year trademark battle with Louis Vuitton.

U.S. District Court Judge Shira Scheindlin said Dooney & Bourke's "It Bag" monogram design did not infringe on Vuitton's Monograme Multicolore handbag collection.

"[Louis Vuitton] offered no proof that the similarities in the marks is likely to confuse ordinary consumers, whether it is at the point of initial interest, point-of-sale, or post-sale," Scheindlin wrote in a decision issued Friday.

Although she acknowledged the similarities between the two designs, Scheindlin noted Vuitton's LV mark used a larger font size and consisted of "a combination of letters and shapes," while the Dooney & Bourke design featured an unadorned DB.

"Even the testimony of Louis Vuitton's director of intellectual property suggests Louis Vuitton's infringement claim is not necessarily premised on a likelihood of confusion between its products and those of [the] defendant, but rather Louis Vuitton's distaste at being associated with the 'It Bags,'" the judge wrote.

Noting the history of the case, Scheindlin wrote, "This action has pitted two prominent handbag manufacturers against each other and mired them in seemingly endless and often contentious litigation."

Vuitton said it would appeal the ruling.

"Louis Vuitton respectfully disagrees with the judge's decision on the motion," said a spokeswoman. "There are numerous material issues of fact in this case that warrant consideration by a jury."

Trademark cases have become common in the industry as companies vie to protect their brands and refined manufacturing processes and international trade makes quick-turn mass production easier. Such cases are often settled out of court.

In its April 2004 complaint, the division of LVMH Moët Hennessy Louis Vuitton alleged that Dooney & Bourke's "It Bag" line featuring a DB monogram infringed on its Monogram Multicolore handbag collection, which has a colorful LV monogram and was a collaboration with artist Takashi Murakami. Much of the judge's 54-page opinion dealt with whether the monograms could be mistaken for each other.

"The consumers weren't confused and the court wasn't confused and the experts weren't confused," said Thomas McAndrew, an attorney for Dooney & Bourke.

Vuitton won an early battle in the case in 2006, when an appeals court reversed a ruling by Scheindlin that denied Vuitton a preliminary injunction and sent the case back to the judge.

Vuitton introduced bags featuring its LV design in the "Murakami colors" in October 2002. The bags were a hit. By late 2006, sales reached almost $145 million, court papers said. Prices range from less than $150 for a mirror case and reach into the thousands.

In 2003, Dooney & Bourke introduced the "It Bag," which also featured a colorful monogram logo. The bag retailed for less than $50 up to the hundreds. By late 2006, the line had generated sales of more than $100 million.

wwd

boysRsmelly · June 4th, 2008, 07:44 AM

Okay, I know LV sues over every single (and sometimes stupid) little thing... but come on! I would never mistake a Dooney for a LV or vise versa! Sheesh!

VivaLaJuicy · June 4th, 2008, 11:39 AM

There is no way you could ever confuse a DB rainbow line for an LV Multicolore line...

vuittongirlxoxo · June 4th, 2008, 12:11 PM

i guess lv felt they had the right to multicolored logos. they should be more concerned with all those people producing knockoffs than another company using a similar colored logo!

JessLR · June 4th, 2008, 02:50 PM

Haha...I wouldn't confuse the 2 either!!

lilstrlett · June 4th, 2008, 02:52 PM

Quote:

Originally Posted by vuittongirlxoxo

i guess lv felt they had the right to multicolored logos. they should be more concerned with all those people producing knockoffs than another company using a similar colored logo!

I totally agree! I mean, sometimes companies have similar looking items, and the "rainbow" scheme isn't exactly original to where only LV has ever used it.

daniC23 · June 4th, 2008, 08:44 PM

kind of crazy...i like my it bags they were my first bags and even though i never carry them anymore i couldn't part with them because they have sentimental value. i'm still thinking of having my large gym bag repaired, because that one i would take as a carry on. But come on there's like 6 maybe 8 colors, and the white isn't even stark white like LV. You couldn't confuse the two. I loved the coated canvas above all (my main motive of getting them thinking, these will NEVER get dirty, boy was i wrong, my makeup case is gross, haha)

boysRsmelly · June 4th, 2008, 08:59 PM

^^^ Plus the shapes of the bags are completely different. Okay, there's a barrel bag in the DB... but the Papillon doesn't come in the multicolore. And last I knew, the bucket style didn't resemble anything that LV has.

lisahmoore · June 6th, 2008, 10:54 AM

Shame on LV for being so petty...."Even the testimony of Louis Vuitton's director of intellectual property suggests Louis Vuitton's infringement claim is not necessarily premised on a likelihood of confusion between its products and those of [the] defendant, but rather Louis Vuitton's distaste at being associated with the 'It Bags,'" the judge wrote.

Thats so funny, stuck up brand company purses...ha haha ahaa!

June 4th, 2008, 07:44 AM	#2 (permalink)
boysRsmelly Moderator and Blogger Join Date: Sep 2006 Posts: 5,941	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton Okay, I know LV sues over every single (and sometimes stupid) little thing... but come on! I would never mistake a Dooney for a LV or vise versa! Sheesh! __________________ Holiday Gift Exchange! Click Here For Details! My Blog Posts

June 4th, 2008, 11:39 AM	#3 (permalink)
VivaLaJuicy MODERATOR/BLOGGER Join Date: Aug 2006 Posts: 6,447	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton There is no way you could ever confuse a DB rainbow line for an LV Multicolore line... __________________ *WISHLIST:Balenciaga Giant Something Azur Speedy 35 Valentino Historie YSL Muse Two* tBF Holiday Gift Exchange... Sign Up Here! Viva's Bag Collection

June 4th, 2008, 12:11 PM	#4 (permalink)
vuittongirlxoxo MiSS CASSANDRA Join Date: May 2008 Location: Made in Italy Posts: 2,589	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton i guess lv felt they had the right to multicolored logos. they should be more concerned with all those people producing knockoffs than another company using a similar colored logo! __________________ Cassandra WiSHLiST lv damier neverfull mm lv monogram denim neo cabby gm in black ysl y-mail tote in black chanel classic flap in caviar chanel classic caviar medallion tote balenciaga giant city in charcoal grey

June 4th, 2008, 02:50 PM	#5 (permalink)
JessLR Moderator Join Date: Oct 2007 Location: Candy Land Posts: 5,979	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton Haha...I wouldn't confuse the 2 either!! __________________ Wishlist: -Rebecca Minkoff MAM: in Black Basketweave, Cream/Brown Wicker, & Persimmon -Rebecca Minkoff Nikki in cobalt or mint -something Marc by Marc Jacobs tBF Holiday Gift Exchange: '08

June 4th, 2008, 08:44 PM	#7 (permalink)
daniC23 The Bag Star Join Date: Aug 2007 Posts: 876	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton kind of crazy...i like my it bags they were my first bags and even though i never carry them anymore i couldn't part with them because they have sentimental value. i'm still thinking of having my large gym bag repaired, because that one i would take as a carry on. But come on there's like 6 maybe 8 colors, and the white isn't even stark white like LV. You couldn't confuse the two. I loved the coated canvas above all (my main motive of getting them thinking, these will NEVER get dirty, boy was i wrong, my makeup case is gross, haha)

June 4th, 2008, 08:59 PM	#8 (permalink)
boysRsmelly Moderator and Blogger Join Date: Sep 2006 Posts: 5,941	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton ^^^ Plus the shapes of the bags are completely different. Okay, there's a barrel bag in the DB... but the Papillon doesn't come in the multicolore. And last I knew, the bucket style didn't resemble anything that LV has. __________________ Holiday Gift Exchange! Click Here For Details! My Blog Posts

June 6th, 2008, 10:54 AM	#9 (permalink)
lisahmoore The Purse Queen Join Date: Mar 2008 Location: Texas Posts: 287	Re: Dooney & Bourke Wins Ruling In Multicolore Bag Battle With Louis Vuitton Shame on LV for being so petty...."Even the testimony of Louis Vuitton's director of intellectual property suggests Louis Vuitton's infringement claim is not necessarily premised on a likelihood of confusion between its products and those of [the] defendant, but rather Louis Vuitton's distaste at being associated with the 'It Bags,'" the judge wrote. Thats so funny, stuck up brand company purses...ha haha ahaa!

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