As creative director of Louis Vuitton, Marc Jacobs is perhaps more au fait than most with the concept of fakes. But it's his own-name, mainline label that's in the spotlight today as it's revealed that his company is suing that of fellow US-based designer Christian Audigier over an alleged trademark infringement.
The issue centres on a nylon tote bag embroidered with letters known in Jacob's camp as his "scrambled trademark". Legal documents filed by his company claim that Audigier's versions "bear trade dress that unlawfully copies or imitates Plaintiffs' unique, distinctive, and non-functional Marc Jacobs Pretty Nylon Tote Trade Dress and/or that unlawfully bear marks confusingly similar to the Marc Jacobs Scrambled Trademark." The term "trade dress" refers to the "size, shape, colour or colour combinations, product design, texture, and selection and arrangement of materials and accessories" used in the bag in question.
In addition, Jacobs' lawyers are asserting claims for unfair competition.
The case is a curious one as, in theory, the signature styles of MJ and Audigier - who is also the man behind the celebrity-favourite Ed Hardy line - are little alike. It is also rare for a luxury label to bring a legal case against another; the focus tends to be on targeting poor high street copies.
Watch this space.
Picture, top: Marc Jacobs; bottom right: pink Marc Jacobs tote; bottom left: Christian Audigier tote.
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