A judge ruled in favor of Dooney & Bourke in the trademark dispute involving their “It Bag” monogram, shown, and the Louis Vuitton Monograme Multicolore collection.
The judge implied it was less a case of copyright infringement as the fact that Vuitton didn’t like Dooney & Bourke cashing in on a trend LV started.
What do you think? While hard core fashion fans would never mistake a $200 Dooney & Bourke at Macy’s with a Louis Vuitton, do you think an average consumer might?
“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.
While it’s unclear if Vuitton is really afraid of consumers being misled, they do plan to appeal the ruling.
“Louis Vuitton respectfully disagrees with the judge’s decision on the motion,” a spokeswoman said in WWD. “There are numerous material issues of fact in this case that warrant consideration by a jury.”
The LV Murakami design was introduced in 2002 and generated sales of $145 million by 2006. D&B launched their “It Bag” in 2003, and it generated sales of more than $100 million. With only $45 million splitting the sales of the two bags, it seems LV has some reason to be threatened by the lower-priced handbag brand.
But, would anyone who wants a Louis Vuitton really settle for a Dooney & Bourke? The jury’s out.
[Source]
