It is the tale of two bags…too similar for their own good.
And wouldn’t you say these two bags are dangerously alike? I think the Marc Jacobs group has a damn good case. The Ed Hardy bag is a straight ripoff with some funny looking fish added! The Los Angeles Intellectual Property Trademark Attorney Blog (whoa! that was a mouthful) has reported:
“Designer Christian Audigier’s Nervous Tattoo, Inc. is being sued by Marc Jacobs’ company for trade dress and trademark infringement over purse designs. Marc Jacobs designs apparel and accessories, including purses, and has a pending application for its random “Marc Jacobs” scrambled trademark. Marc Jacobs has applied the scrambled trademark to the inside lining of the “Marc Jacobs Pretty Nylon” tote bag. And the tote bag’s “size, shape, color or color combinations, product design, texture, and selection and arrangement of materials and accessories” are claimed to serve as its trade dress.
Plaintiffs accuse Defendants of selling tote 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.” In addition, Plaintiffs assert claims for unfair competition under Cal. Bus. & Prof. Code § 17200 and constructive trust.”
We love a good fashion scandal…but we also like seeing true artists credited for their work….down with the hacks, off with their heads! 😉