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This article was originally published in The Daily Record, Rochester, N.Y., another Dolan Media publication. What would a woman do without her handbag or purse? This is what the U.S. Court of Appeals for the Second Circuit noted in a trademark infringement case involving Louis Vuitton handbags when it wrote: We cannot help but observe that for the person carrying it, a handbag may serve as a practical container of needed items, a fashion statement or a reflection of its owners personality; it may fairly be said that in many cases a handbag is so essential that its owner would be lost without it.

panies such as Louis Vuitton, handbags are a multimillion dollar industry. In Louis Vuitton Malletier v.

Dooney & Burke, the Second Circuit concluded that the district court erred when it denied Louis Vuittons motion for a preliminary injunction against Dooney & Bourke, which produces a purse known as the It Bag. The circuit court determined the district courts analysis did not accurately reflect the actual market conditions in which both parties handbags were sold.

Therefore, the Second Circuit remanded the case to the district court for further proceedings. Parties, Infringement claims At the center of the case are handbags made and sold by both parties.

Louis Vuitton, a French fashion design firm, is known for its toile monogram designs that feature entwined LV initials with three motifs: a curved diamond with a four-point star inset, its negative, and a circle with a four-leafed flower inset. The toile designs were first introduced in France in 1896 and are registered with the U.S.

Patent and Trademark Office. In October 2002, pany introduced a collection of handbag designs that feature a multicolore pattern or mark.

The new multicolored handbags contained a modified version of the toile marks and were printed in 33 bright colors on either a white or black background. The multicolore mark is unregistered.

The handbags have appeared on television programs like CBSs The Early Show, and in USA Today, The New York Times and People. Louis Vuitton contends Dooney & Bourke infringes on its multicolore trademark through the sale of a similar looking line of handbags known as the It Bag.

The It Bag features a DB monogram of interlocking initials in an array of bright colors set against a white background. Dooney & Bourkes purses cost $125 to $400; the multicolore handbags and accessories by Louis Vuitton typically cost $360 to $3,950.

Lawsuit, preliminary injunction In April 2004, Louis Vuitton filed a lawsuit in federal court, in which it alleged that Dooney & Bourke infringed on its trademark in violation of the Lanham Act. Louis Vuitton asserted federal and state claims of petition and false designation, and trademark dilution.

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