Louis Vuitton Malletier v. Dooney & Bourke, Inc.
United States Court of Appeals for the Second Circuit
454 F.3d 108 (2006)
Louis Vuitton Malletier (LV) (plaintiff) was a handbag maker that used a distinctive design consisting of entwined “LV” initials. LV initially created the design in 1896 and later obtained a registered trademark for the design. In 2002, LV created a modification to its design: the LV pattern printed in 33 bright colors on a white or black background. This “Multicolore” mark was unregistered. Dooney & Burke, Inc. (D&B) (defendant) created a handbag with colorful, interlocking “DB” initials printed on a white background. D&B later added black and other colored backgrounds. LV sued D&B for trademark infringement. The district court found that it was easy to differentiate the companies’ bags when they were viewed side-by-side. Consequently, the court found that the marks were not similar and there was no likelihood of confusion. LV appealed.
Rule of Law
Holding and Reasoning (Cardamone, J.)
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