Louis Vuitton Malletier V Dooney & Bourke Inc

Louis Vuitton M entirelyetier v Do hotshoty & Bourke Inc. In this illustrious typeface cognise as the Battle of the Hand clasps Louis Vuitton (LV) sues Dooney & Burke (D&B) for stigmatize violation of its multicolore descent. The Plaintiff, Louis Vuitton Malletier ,is a french fashion house founded in 1854 by Louis Vuitton. The renowned label is soundly known for its LV monogram, which is featured on most of its products. Louis Vuitton is con berthred as one of the populations most valuable and prestigious brands. The LV monogram was created in 1896 by Louis son Georges Vuitton who invented the symbol and the letters represent his fathers initials.The logo is a Japanese-inspired flower motif which initially was created as a way to prevent counterfeiting. This memorable logo is now synonymous with luxury, magnificence and indulgence. It is the worlds 29th most valuable brand and is estimated to be worth all over $19 billion USD. unluckily, Louis Vuitton is one of the most counterfeited brands in the fashion world out-of-pocket to its image as a status symbol. The comp each takes counterfeiting seriously, and uses all its possible resources to fight counterfeiting. The Defendant, Dooney & Bourke, is an Ameri washstand company founded in 1975 by rotating shaft Dooney and Frederic Bourke.The company specializes in fashion accessories and is best known for its high fibre handbags, accessories, and travel luggage. Their Signature and Mini Signature handbags consist of the DB initials booking in a tell pattern. The fonethers of the company started off with two preceding products surcingle belts and suspenders for men. Their products became real popular ascribable to their unique design and color. Now Dooney & Bourke is a rise up-known brand in America and has a good report card for making quality products. The defining look of Dooney & Bourke is elegant and sophisticated, but in a higher built in bed all, it is timeless.Its classic designs co ntribute these handbags the perfect accessory for any outfit due to the superior quality and unique form. In 2002, the designer Marc Jacobs invited the Japanese creative person Takashi Murakami to come up with a fresh take on the Louis Vuitton toile monogram famous entwined LV logo intermixed with flower shapes for a new line of bags. This take to the creation of the Monogram Multicolore design, in 33 colors, displayed on handbags in a repeating pattern against a white or b escape background. The bags made their entering on Paris runways in October 2002 and were then presented in prestige sell outlets in March 003, where they sold for up to $3,950. Previously LV registered its famous LV monogram design pattern and the individual unique shapes as brand mark outs with the joined States discernible and shell outmark Office. In July 2003 D in collaboration with jejune Vogue developed a new line of handbags for teenagers. It was launched as the It old bag collection. The pattern on the purses consisted of the entwined DB initials printed in contracting colors on variety of colored backgrounds and white and black background. D released handbag line looked similar to Louis Vuittons trendy model, but the price was significantly lower.Considering the situation that Louis Vuitton fights counterfeiting very self-assertively, non surprisingly, the matter ended up in the flirts. LV in a flash viewed the It Bag as a copy of their design. When Louis Vuitton gathered with judicial discuss on their options to file suit against Dooney and Bourke, they became aware of the alternatives that were available to them in tack to move forward. For designers and manufacturers in the American Fashion industry, there are quartette possible avenues to explore 1) Copyright security measure, 2) Patent protection, 3) Trade Dress protection and 4) denounce protection.Copyright protection covers a range of categories including literacy, musical, dramatic, choreographic, picto rial and architectural works. inwardly this range, the only one that is applicable to fashion designs is pictorial, as it shields two- and three- dimensional works. Patent protection shields any new and useful process, machine, manufacture, or composition of matter, or any new and useful im evokement thereof. Since the design in the fashion industry rarely creates a new process, machine or manufactures, they carry a separate statute specifically for them for new, original and ornamental design for an article of manufacture.Trade dress protection is conducted under the Lanham come to defend the design and appearance of the product as well as that of the container and all elements making up the total visual image by which the product is presented to customers. Colors ca-ca in any fortune been yelled under the Trade dress protection in which the United States Supreme Court has express that the color and designs of a product are only protected under the Lanham Act if a supple mental meaning has been demonstrated.Color and design must be associated by the customer for that particular product over time. In 2004, the legal team decided to advance with option 4 Trademark protection. They claimed stigmatize infringement, post dilution, as well as unfair aspiration and simulated designation. Trademark infringement harbors a manufacturer or sellers product to include a word, slogan or symbol. For instance, Apple is an sheath of a word that cannot be used in relationship with software package or computers as it ordain cause astonishment from a consumers perspective.Nike nourishs the trademark of the slogan Just Do It that is associated with its product and McDonalds hold trademark of the golden arches symbol. In some instances this protection can feed to other properties such as its color or even its packaging. For trademark dilution claims, the distinctive quality of a mark must be dilute by blurring or tarnishment. However, the desirelihood of confu sion is not necessary. Unfair competition and false designation is characterized as likely to cause confusion, mistake or deceive the consumer.Section 43(a) states any person who on or in link with any goods or go, or any container goods, used in traffic any word, term, name or symbol, or device, or any combination therefore, or any false designation of origin, false or cheapjack description of fact, or false or misleading representation of fact which a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with other person, or as to the origin, sponsorship, or approval or her goods, go, or technical activities by another person, or (b) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of his or her or another persons goods, services or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. In addition under sections 32 and 43(a) of the Lanham Act, trademark protection extends above the registered trade mark to the unregistered trademarks from misuse or facsimile in commerce. Once a trademark is established as fundamentally distinctive or to have developed secondary meaning, as well as protection under the Lanham Act, one can then address the likelihood of confusion under trademark infringement.Statutes require a consciousness of clear part situation as well as a specific element of which the claim can be rebeln as a intrusion of the police force. This means that sequential recite is needed, as this poses the hardihood of the claim and further makes the justification of the case. Without this evidence, the case could be deemed as void, as there is no possible evidence that can prove the claim. Statutes also require the clarity of the case, which means the details of the case or the violation should be given in chronologi cal order so that the justifications execute for the claim as well as the laws that could be used to make it more justified could be legally provided.There is actually a vary definition on how violations of laws happen. There are times when a detestation committed may not be a violation of the law, or the violation of the law is not a crime. This happens when the crime being claimed is not part of the scope of the statute, or there is no existing law for such crime. Therefore this results in deliberating on whether the action indeed is a crime or a violation of the law. Situations such as this practically arise from actions where the defendant is ignorant of the law which he has violated. In addition, the claimant can be the one who is ignorant of the law when he laid evidence on the crime allegedly committed by the defendant.Now that we have a thorough understanding of the applicable laws, the rules that govern those laws and what are required by the statutes to prove a violat ion of law we can examine how the case unfolded. As formerly stated, Vuitton filed suit against D&B in April of 2004 in the United States District administration for the Southern District of New York, claiming trademark infringement, unfair competition and false designation, and trademark dilution. Vuitton moved for a preliminary examination injunction against D&B which would have stopped sales of the it bag until the case was resolved. The District approach govern in favor of D&B and Vuitton was not granted the injunction. In find out trademark infringement the flirt applied the two prong test required of Section 43 of the Lanham Act.First the test looks to whether or not the mark merits protection by determining if the unregistered trademark is distinctive or has achieved secondary meaning. In this case the partition court did find that Vuittons design was distinctive and had garnered secondary meaning in the market place. The second part of the test involves decision maki ng whether the defendants use of the mark is likely to cause consumers confusion as to the origin or sponsorship of the defendants goods. Accordingly the court then examined the eight factors weighed in determining likelihood of confusion 1) the forcefulness of the mark, 2) the similarity between the marks, 3) the proximity of the roducts, 4) the likelihood that the plaintiff will nosepiece the gap between the markets of the two marks, 5) actual confusion, 6) the defendants good faith in using his or her mark, 7) the quality of the defendants product, and 8) the sophistication of the customers. The regularise court ruled that there was no likelihood of confusion base on its evaluation of the 8 factors and thus denied the injunction. In addition, the soil court found that Vuitton was unable to prove trademark dilution. LV appealed the injunction denial to the countenance dress circle Court of Appeals hoping to force the court into making a more broad judgment with regard desi gn piracy. Unfortunately for Vuitton the court was not in the mood to make a rumor in favor of protect designers.Rather than make its own ruling on the case, based on the facts laid out before the court, the Second set instead focused on a mistake by the district court in its application of the standard of likelihood of confusion. The Second lot had previously held in Louis Vuitton Malletier v. Burlington Coat Factory that courts must use a sequential market place likeness rather than a side by side comparison when applying the standard of likelihood of confusion. The district court had used a side by side comparison that the Second Circuit deemed improper. In addition, the Second Circuit agreed with the district court that LV was not able to prove trademark dilution at the national level.In order to prove trademark dilution the plaintiff must demonstrate the following its mark is famous, the defendant is making commercial use of the mark in commerce, the defendants use began a fter the mark became famous, the defendants use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and services. Vuitton was able to prove the first three requirements but was unable to prove actual dilution. enchantment the court did agree that LV could not prove actual dilution (the federal requirement) they vacated the injunction at the state level due to the fact that it only requires LV to show likelihood of dilution.The Second Circuit decided to remand the similarity of the marks factor back to the district court for reconsideration. This meant that the district court would use the sequential market place comparison when examining the similarity of the marks and hold onto all other previous analysis of the likelihood of confusion factors. Even if the market place comparison had an effect on that one factor it was very unlikely to repair the outcome of the district courts ruling because the similarity of the m arks was just one of eight weighted factors. The Second Circuit was fundamentally making a statement with its handling of this case that it was not inclined(p) to make a precedent setting ruling on the lack of protection for design piracy in the fashion industry.Even if they desired to address the topic, strictly following the established law would have prevented them from coming up with a different result. The court may have felt that any perceived or real injustice plaguing the fashion industry should be handled through the adoption of written law rather than legislated from the bench. Ultimately in May of 2008 the district court granted summary judgment to D&B on all claims. The court found that Louis Vuitton did not have adequate evidence to present with regards to the trademark infringement or dilution claims. While the outcome of the case disappointed many people because D&B did copy the design, the court based its decision on the interpretation of the law.Another fashion mo del of a trademark infringement case that could have implications is European Trademark v Google. Originally LV sued Google in France claiming trademark infringement from Googles AdWords program and the French court ruled in LVs favor. The court held that Google was committing trademark infringement and diluting the trademark when it decided to sell the LV name to other companies in order for their site to pops up upon a search. Unfortunately for LV the European Court of Justice later ruled that Google in fact was not guilty of trademark infringement. There is a silver lining for LV. The court stated that admans using a trademark as a keyword can be held liable for infringement.The court specifically stated that such use of a trademark by the advertiser adversely affects the source-indicating function of the trademark if the advertisement does not enable unremarkably informed and reasonably attentive internet users to ascertain whether goods or services referred to by the ad take up from the proprietor of the trademark or, on the contrary, originate from a third party. Thus, a company like Louis Vuitton does have legal recourse if it finds misleading advertisements from searches of its brand. In addition, Google can be held accountable if it was aware of the improper use of the trademark and did not take the ad or content down.The ruling could have impacted a case like Louis Vuitton Malletier v Dooney & Bourke Inc. , but instead has gone farther towards protecting companies in the fairly unregulated internet market place. In closing, companies like LV will have to continue to be extremely aggressive through the use of lawsuits in order to protect their brand. Once more laws are applied to specific industry, such as the fashion industry, it will become easier to convey. The courts can only interpret the law, not create laws to safe-conduct these specific industries. The courts, as well as the citizens, have to trust that the legislative branch will step up a nd address these complex issues.