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  1. #1
    \(^.^)/ Jennifer's Avatar
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    Exclamation Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    Marc Jacobs Sues Christian Audigier’s Company For Trade Dress and Trademark Infringement.




    Los Angeles, CA – Designer Christian Audigier’s Nervous Tattoo, Inc. is being sued by Marc Jacobs’ company for trade dress and trademark infringement over purse designs. Marc Jacobs designs apparel and accessories, including purses, and has a pending application for its random “Marc Jacobs” scrambled trademark. Marc Jacobs has applied the scrambled trademark to the inside lining of the “Marc Jacobs Pretty Nylon” tote bag. And the tote bag’s “size, shape, color or color combinations, product design, texture, and selection and arrangement of materials and accessories” are claimed to serve as its trade dress.

    Plaintiffs accuse Defendants of selling tote bags that “bear trade dress that unlawfully copies or imitates Plaintiffs’ unique, distinctive, and non-functional Marc Jacobs Pretty Nylon Tote Trade Dress and/or that unlawfully bear marks confusingly similar to the Marc Jacobs Scrambled Trademark.” In addition, Plaintiffs assert claims for unfair competition under Cal. Bus. & Prof. Code 17200 and constructive trust.

    Since the parties’ products apparently bear their respective trademarks, it will be interesting to see if customers are confused about the source of the products. See Bristol-Myers Squibb Co. v. McNeil-P.P.C., Inc., 973 F.2d 1033, 1045-46 (2nd Cir. 1992) (holding that prominently displayed trade names on the respective products "weigh[ed] heavily against a finding of consumer confusion resulting from the overall look of the packaging") (preliminary injunction denied).

    The case is Marc Jacobs Trademarks, LLC et al. v. Eagles Clubs International, Inc., et al., CV10-00456 CBM (C.D. Cal. 2010).
    via iptrademonkey

  2. #2
    bag fan TexLatina's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    very interesting...both bags are very similar in style, shape, etc. It would be very easy to confuse the two...

  3. #3
    \(^.^)/ Jennifer's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    Yeah I know, pretty similar. And if C.A. didn't throw on that big ugly fish, the bags would look identical!

  4. #4
    Moderator and Blogger boysRsmelly's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    Wasn't it Marc Jacobs that said copying someone is the highest form of flattery?

    ** WISHLIST **
    A list of things both realistic and not...
    -- RM Mini Matinee -- 3.1 Phillip Lim Edie Bow Bag -- LV Speedy 25 -- Balenciaga First -- RM Benjamins Pouch -- YSL Y-Mail Zip Wallet --

  5. #5
    *Moderator* vuittongirlxoxo's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    ^ Yup, when asked about counterfeit bags! I couldn't believe he was suing, considering he was quoted as saying fakes are flattering.

    wishlist..
    .sofia coppola monogram
    .vernis alma mm in pomme d'amour
    .artsy mm
    .python galliera pm
    .monogram galliera pm

  6. #6
    Moderator and Blogger boysRsmelly's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    I agree, it seems odd that he would sue over something like this. I mean, yes the bags look VERY similar. But it's not like the Ed Hardy bag says Marc Jacobs all over it either.

    ** WISHLIST **
    A list of things both realistic and not...
    -- RM Mini Matinee -- 3.1 Phillip Lim Edie Bow Bag -- LV Speedy 25 -- Balenciaga First -- RM Benjamins Pouch -- YSL Y-Mail Zip Wallet --

  7. #7
    Totally Purse Obsessed
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    It looks to me like an exact copy, just with an ugly looking fish thrown in the mix. I hope Marc wins.

  8. #8
    Moderator/Blogger VivaLaJuicy's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    ^^^ ITA! As for those fish, eek! Who would wear this?

  9. #9
    Official Bagista kmarney1's Avatar
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    Default Re: Marc Jacobs Sues Christian Audigier For Trade Dress and Trademark Infringement!

    I don't know... It's pretty tricky in the fashion industry to win these types of cases unless it is an exact copy. Ed Hardy's design is not random like the Jacobs bag and it has that so out of date fish thrown in the mix. I would say, Hardy is going to spend alot of money defending and Jacobs prosecuting. The only winners are the attorneys..... Isn't it something like at least 10% has to be different to be inspired by rather than infringed? Does anyone know the answer to that question? Personally, I'm not a fan of the Jacobs bag either! It don't think it's necessarily a distinctive style for them.

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