146
C
ASE: 19
BACKGROUND
· The Plainti s, Lacoste Alligator, S.A. and General Mills, Inc. are the trademark owner and its
exclusive licensee, respectively. Together, they marketed clothing bearing the registered
trademarks, Lacoste and the Izod Alligator, which were well-known due to considerable
advertising and promotion. These trademarks and logos were copied without authorization and
sold to several stores and individuals, including the Defendant, Elvin Floyd, doing business at
Anderson Jockey Lot Flea Market. Floyd then sewed the trademarks/logos on garments and sold
the garments at the public ea market.
· The Defendant purchased 10,000 Alligator logos from a non-authorized vendor and sewed them
onto clothing for resale, without the knowledge or consent of Lacoste or General Mills.
· The Plainti s sought a permanent injunction against Elvin Floyd and the other Defendants asking
the court to stop the Defendants from any further selling of the Lacoste and Izod Alligator label.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Lacoste Alligator, S.A. v. Bluestein's Men's Wear, Inc.
Trademark Infringement and Trademark Licenses
What is an intentional tort?
An intentional tort describes a civil wrong
resulting from an intentional and wrongful act
on the part of the defendant against another,
such as intentionally stealing another person's
or company's trademark.
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
or, in this case the Lacoste Izod Alligator.
What is trademark infringement?
Trademark infringement occurs when a
party uses another's trademark without the
authorization of the owner. If the respective
trademarks 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 exclusive licensee of a
trademark?
An exclusive licensee of a trademark is
a person or company who has the sole
authorization from an owner of a trademark
to reproduce and sell the trademark item.
For Evaluation Purposes Only