Essay on Louis Vuitton Malletier V Dooney & Bourke Inc

2587 Words Mar 17th, 2013 11 Pages
Louis Vuitton Malletier v Dooney & Bourke Inc.
In this famous case known as the “Battle of the Handbags” Louis Vuitton (LV) sues Dooney & Burke (D&B) for trademark infringement of its multicolore line.
The Plaintiff, Louis Vuitton Malletier ,is a French fashion house founded in 1854 by Louis Vuitton. The famous label is well known for its LV monogram, which is featured on most of its products. Louis Vuitton is considered as one of the world’s 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 father’s initials. The logo is a Japanese-inspired flower motif which initially was created as a way to prevent counterfeiting. This
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Since the design in the fashion industry rarely creates a new process, machine or manufactures, they have a separate statute specifically for them for new, original and ornamental design for an article of manufacture. Trade dress protection is addressed under the Lanham Act 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 have also been addressed under the Trade dress protection in which the United States Supreme Court has stated that the color and designs of a product are only protected under the Lanham Act if a secondary 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 trademark infringement, trademark dilution, as well as unfair competition and false designation. Trademark infringement harbors a manufacturer or seller’s product to include a word, slogan or symbol. For instance, Apple is an example of a word that cannot be used in relationship with software or computers as it will cause confusion from a consumer’s perspective. Nike holds the trademark of the slogan “Just Do It” that is associated with its product and McDonald’s hold trademark of the golden arches symbol. In some instances this

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