130
C
ASE: 17
BACKGROUND
· Louis Vuitton Malletier (Louis Vuitton) is an old, well-established French design company. It is
the maker of a famous, very expensive handbag with its trademark "toile" monogram covering
the bag. The handbag in question had a multicolored "toile" mark and was part of its signature
design series.
· Dooney & Bourke, a relatively new company, created a new teen-based handbag called the "It
Bag" which also had a multicolored trademark "DB" monogram. The Dooney & Bourke bags were
sold at a much lower price.
· Louis Vuitton asked the court for an injunction to restrain Dooney & Bourke from producing its
handbag and claimed trademark infringement. Louis Vuitton argued that Dooney & Bourke was
trying to capitalize on its well-known brand and its multimillion-dollar advertising campaign to
confuse potential consumers with similar less expensive products.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Malletier v. Dooney & Bourke, Inc.
Trademark Infringement
What is a trademark?
A trademark is a unique word, phrase, or
symbol that distinguishes a company.
The essential function of a trademark is to
exclusively identify the commercial source
or origin of products--in other words, the
manufacturer--like the Nike "swoosh" symbol.
What is trademark infringement?
Trademark infringement occurs when a
party uses another's trademark without the
authorization of the owner. If the respective
marks or products are not identical, the courts
will assess the similarity based upon the
"likelihood of confusion" by consumers as to
the origination (owner) of the products or
services.
What is an injunction?
An injunction is a court order that requires a
party to do or refrain from doing a certain act
or acts.