148
C
ASE: 19
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains
excerpts and direct extractions
from the sources noted below
that have been combined
with the author's own expert
legal input. The case has been
condensed and formatted from its
original content for purposes of
this workbook.
Lacoste Alligator, S.A. v. Bluestein's
Men's Wear, Inc., 569 F.Supp.491
(D.C.S.C. 1983).
United States District Court, D.
South Carolina, Columbia Division
July 28, 1983. Opinion written by
the Honorable Justice Clyde H.
Hamilton.
Counterfeit apparel and
accessories accounted
for over 50 percent of
the counterfeit goods
seized by U.S. Customs
and Border Control.
Q. From whom?
A. From someone that came by with alligators for sale. He told
me they were genuine Izod Alligators.
Q. at's the Anderson Jockey Lot Flea Market?
A. Yes. He approached me at the Flea Market and said, "I've got
the alligators for sale. Would you like to buy them?" And I
said, "I'm interested, are they real alligators?" He said, "Yes,
they're genuine alligators. ey came from a factory that
makes Izod Alligator merchandise; the alligators are real."
And I said, "Well, if you'll guarantee that." He said, "You got
my word for it." I said, "What do you want for them?" And
he said, "Well, I've got 10,000; if you'll take them all, I'll give
them to you for 50 cents." So I gave him $5,000; he gave me
his real alligators.
Q. How were these alligator logos packaged when you bought
them?
A. Jeepers. In cellophane.
Q. In a bag?
A. Yes.
Q. How did you put the logos on the garments?
A. I sewed the logos on the garments.
Q. How many people did you have working to sew them on?
A. As far as I know, I've done it.
Q. You personally?
A. Yes.
Q. By hand or with a machine?
A. Machine.
e Plainti s claimed that the willful and deliberate attempts of
the Defendant to identify with the Plainti s' trademark and good-
will and the likelihood of public confusion clearly constituted unfair
competition.
For Evaluation Purposes Only