Marc Jacobs Sues Christian Audigier for Handbag Trademark
Marc Jacobs' company is suing the company behind guido favourite Ed Hardy, Christian Audigier's Nervous Tattoo Inc., for trade dress and trademark infringement over a handbag design. The plaintiff, Jacobs' company, has a pending trademark application for the random "Marc Jacobs" scrambled trademark used on the interior of the "Marc Jacobs Pretty Nylon" handbag.
Marc Jacobs claims Audigier's bag infringes on his company's handbag citing the “size, shape, color or color combinations, product design, texture, and selection and arrangement of materials and accessories” as its trade dress. Furthermore, Jacobs accused Audigier of selling 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."
A comparison of the two bags at hand shows more than a few distinct similarities, the general design and construction of the bags are almost identical with the one major difference between the two being a tattoo inspired design scrawled on the defendant's bag.
What do you think? Check out the images below and decide for yourself if Jacobs has a case.