By  on February 10, 2010

Marc Jacobs has filed an infringe‑ment lawsuit against Ed Hardy parent company Nervous Tattoo Inc. over a handbag design.

The complaint, filed by Jacobs’ Marc Jacobs International, centers on an Ed Hardy handbag the Jacobs firm claims infringes on its pending Scrambled trademark and the trade dress associated with its Pretty Nylon tote.

According to court exhibits, the Ed Hardy bag at issue is a quilted tote with the brand’s name in stitched block print, features shared by the Jacobs Pretty Nylon bag. The Jacobs bag has been available since early 2007, according to the complaint.

Attorneys for Jacobs wrote that the tattoo-based brand’s bag makes use of a trade dress that is “confusingly similar” to their client’s and that any infringement “has been intentional and willful, calculated specifically to trade off the goodwill that plaintiffs have developed in their successful Marc Jacobs Pretty Nylon tote bags.”

Jacobs filed the suit on Jan. 21 in U.S. District Court in Los Angeles.

An Ed Hardy representative did not return a request for comment.

Marc Jacobs is seeking an injunction, profits made from any item found to be infringing, such merchandise’s destruction, legal fees and unspecified damages.

To access this article, click here to subscribe or to log in.

To Read the Full Article
SUBSCRIBE NOW

Tap into our Global Network

Of Industry Leaders and Designers

load comments
blog comments powered by Disqus