You Be the Judge! Page 161

147

ASE: 19

ISSUE BEFORE THE COURT

Whether a likelihood of confusion could exist in the minds of the general
public between the actual Izod alligator logo and the counterfeit logos
sewn on non-Izod apparel.

THE FACTS

You Be the Judge!

A counterfeit logo is an

imitation, usually one that

is made with the intent

of fraudulently passing it

off as the genuine logo.

Counterfeit logos are

often placed on products

with the intent to take

advantage of the superior

value of the imitated

product.

e Plainti , Lacoste Alligator, S.A., is the record owner of sev-

eral trademarks for Lacoste and the famous Izod Alligator emblem.
An additional Plainti , General Mills, Inc., is the exclusive United
States licensee of the above trademarks, as well as the record owner of
several United States Trademark Registrations for the Izod Alligator
trademark for various types of apparel.

e Plainti s' trademarks have been advertised and promoted

throughout the United States beginning as early as 1950. e Plain-
ti s have expended considerable e ort and money in the advertising
and promotion of their apparel bearing these trademarks, which has
resulted in their widespread popularity and public acceptance. e
Plainti s' sales in the United States since 1964 exceeded one billion
dollars, with approximately half of this amount generated in the two
years preceding this case. is case is an attempt by Lacoste to stop
several Defendants in South Carolina from manufacturing, selling,
and distributing apparel bearing counterfeits or imitations of the
Plainti s' trademarks.

Elvin Floyd, one of the Defendants, admitted that he purchased

10,000 Izod Alligator logos with the belief that they were originals of
the Plainti s' trademarks. Floyd admitted that he personally sewed
these logos on garments which he had purchased to resell, none being
purchased from the Plainti s and none originally bearing the Lacoste
or Izod Alligator trademarks. Floyd also admitted that he sold gar-
ments bearing the Izod Alligator logo at booths he operated at the
Anderson Jockey Lot Flea Market in Anderson, South Carolina.

At trial, Mr. Floyd testi ed as follows:
Q. Where did you buy the alligator logos?
A. I bought them at an Anderson Flea Market.