Marc Jacobs Is Suing Christian Audigier
Accomplished and talented fashion designer Marc Jacobs is suing tacky, hack designer Christian Audigier for trade dress and trademark infringement of one of his purse designs. Jacobs feels that one of Audigier‘s tacky purse designs looks almost exactly like his design for the Marc Jacobs Pretty Nylon tote bag. Here are the purses, side-by-side, along with some deets of the lawsuit:
Designer Christian Audigier’s Nervous Tattoo, Inc. is being sued by Marc Jacobs’ company for trade dress and trademark infringement over purse designs. Marc Jacobs designs apparel and accessories, including purses, and has a pending application for its random “Marc Jacobs” scrambled trademark. Marc Jacobs has applied the scrambled trademark to the inside lining of the “Marc Jacobs Pretty Nylon” tote bag. And the tote bag’s “size, shape, color or color combinations, product design, texture, and selection and arrangement of materials and accessories” are claimed to serve as its trade dress. Plaintiffs accuse Defendants of selling tote bags that “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.” In addition, Plaintiffs assert claims for unfair competition under Cal. Bus. & Prof. Code § 17200 and constructive trust.
I understand the precedent in cases like this holds that if the two designs bear overt product name labeling, then the plaintiff has no claim of consumer brand confusion. It’s evident that the designs look almost identical … I have to say I’m on Team Jacobs here. The Ed Hardy line is so fug IMHO, it’s a shame that a design created by a designer with talent might get confused with a tacky hack like Christian Audigier. What do y’all think … does Marc Jacobs have a case here?
[Source]
Tags: Christian Audigier, Marc Jacobs
February 8th, 2010 at 1:18 pm
Hell yes he does!! Not only is he so blatantly ripping off MJ’s design but CA is synonymous with Jon and that alone is worth a lawsuit!!
February 8th, 2010 at 1:35 pm
If I saw these 2 bags sitting side by side, without knowing this story, I would think they were from the same line (aside from the FUG koi fish graphic)!
February 8th, 2010 at 2:20 pm
who would rock a purse with a fish on it, so ugly
February 8th, 2010 at 2:42 pm
Personally, no, I don’t think this is a worthwhile case. I’m no lawyer, certainly, but there are ALWAYS similarities when it comes to fashion. I myself am carrying a purse that looks very similar to some high end bags (not an intentional “knock off”, its just a quilted design, which is popular right now). I think Mr. Jacobs just has his panties in a bunch about it – and further, BOTH bags are hideous…
February 8th, 2010 at 3:21 pm
TEAM JACOBS!! Audigiers pretty much running the Ed Hardy name into the ground. Such a shame, since being a tattooers wife, Ed Hardy is pretty much synonymous with American traditional tattooing. Too bad that his name is now on vodka and beers as well. I hate people that wear this stuff, thats all bedazzled and what not, and have NO clue where the designs even come from.
Marc totally has a case. And I dont blame him for going and suing gaudy Audiger’s company. If i didnt know what i was looking at when i saw it, i too like another commenter said, would think they are from the same line. Im sure they dimensions on this bag are nearly exactly the same, even the knots on the handle are identical.
PS Trent, LOVE YOUR BLOG!
February 8th, 2010 at 3:40 pm
Both bags are ugly but the fishy one is the worst. Stealin is a no, no.
I hate Ed Hardy garbage. I think it’s tacky and deserves to end up on the shelves of the local discount stores. As for Marc Jacobs I have no real opinion other than his stuff tends to look like other things I can find at JCP and Kohl’s for a HELLAVUH lot cheaper. Just sayin’
February 8th, 2010 at 3:51 pm
I don’t know about the lawsuit, but I think Ed Hardy gear is just awful! I can’t stand to look at it :P
February 8th, 2010 at 4:04 pm
definitly – looks like an exact copy on steroids.
February 8th, 2010 at 5:06 pm
Someone would think they were from the same line if they couldn’t READ, perhaps…
Both “designers” should be be charged with the offense of creating horrible fugliness. I will forever maintain that Jacobs is the most overrated designer..
February 8th, 2010 at 5:09 pm
They both look a bit like diaper bags.
February 8th, 2010 at 5:44 pm
I like the Marc Jacobs much better, the Ed Hardly is bad copy of the purse and really ugly and priced badly. It is sad you see Ed Hardly every were now.
February 8th, 2010 at 6:28 pm
They are both terrible bags, but they’re both terrible designers
February 8th, 2010 at 6:53 pm
Marc is going to have a hard time proving “consumer brand confusion” with these. no one would look at the Christian Audigier bag and think of Marc Jacobs and vice-versa. and marc should thank his lucky stars for that.
February 8th, 2010 at 8:20 pm
Both are completely fugly, but there isn’t any brand confusion in my eyes. That fugly ass fish on the CA one is super obvious that it is CA. And Marc Jacobs shouldn’t even waste his time, his version of the bag is just as fug.
February 9th, 2010 at 12:58 am
TEAM JACOBS ALL THE WAY!! Just not a fan of that particular purse….
February 9th, 2010 at 3:28 am
It was about time somebody tell this mofo off!
February 9th, 2010 at 3:36 am
I’m sure Jacobs has a case…
Have to say this….Marc Jacobs is losing his touch…the new LV stuff is just yuck. They look like trashbags (for which you pay over $2000)
crazy
February 9th, 2010 at 6:15 am
HEINOUS.
February 9th, 2010 at 7:37 am
[...] Ed not so Hardy under fire (PinkIsTheNewBlog) [...]
February 9th, 2010 at 8:10 am
I’m with the posters who say BOTH bags are fug!! Look, fashion knockoffs are nothing new, and there really isn’t much that can be done about it. He won’t win, there’s no way he’ll win. Obviously CA made sure the branding was evident, and that’s really all you can do. You can’t trademark a purse design, just a brand emblem, which I cannot see anywhere on the Ed Hardy bag, it’s clearly Ed Hardy, not Marc Jacobs. Can Diane Von Furstenberg start suing Anne Taylor for making wrap dresses now? Or the GAP sue Gymboree for making a striped sweater? No.
February 9th, 2010 at 8:44 am
fugly purses indeed & the 2nd looks like the 1st. i wouldnt’ know the difference between designers.
February 9th, 2010 at 9:04 am
[...] + Marc Jacobs is suing Ed Hardy designer Christian Audigier. I thought perhaps this was a class action type of thing where Jacobs is suing on behalf of humanity but no, apparently this is over some tote bag beef. Keep it on the runway, boys. (Pink Is The New Blog) [...]
February 9th, 2010 at 9:31 am
Neither bag is my idea of cute or something I would be willing to fork over more than $40 for. Ed Hardy is trashy and that design is ugly. It is pretty obvious the design was stolen from Marc Jacobs.
February 9th, 2010 at 1:55 pm
[...] + Marc Jacobs is suing Ed Hardy designer Christian Audigier. I thought perhaps this was a class action type of thing where Jacobs is suing on behalf of humanity but no, apparently this is over some tote bag beef. Keep it on the runway, boys. (Pink Is The New Blog) [...]
February 9th, 2010 at 6:44 pm
Is Marc Jacob trying to convince me that he has never copied anyone elses’ style. Lot of his stuff is just average, seriously.
Some of these so call “artsy” folks are so full of themselves and yes both bags looks like diaper bags. LOL!
February 9th, 2010 at 6:45 pm
Forgot to add.
One bag is the “Office Diaper Bag”, the other “The Beach Diaper Bag”. LOL!
June 3rd, 2010 at 10:53 am
ıs Marc Jacob trying to convince me that he has never copied anyone elses’ style. Lot of his stuff is just average, seriously.
Some of these so call “artsy” folks are so full of themselves and yes both bags looks like diaper bags. LOL!
July 21st, 2010 at 8:01 pm
haha I completely love Justiin