Hermes International v. Lederer De Paris Fifth Avenue, Inc. And Artbag Creations, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “laches is not a defense against injunctive relief when the defendant intended the infringement”
• recognizing post-sale confusion under the Lanham Act because, among other reasons, \the public may be deceived in the resale market if it requires expertise to distinguish between an original and a knockoff\
• finding that the district court erred in holding that laches precluded plaintiff from recovering for seven types of knockoff handbags sold by the defendant where there was no evidence to suggest that Plaintiffs knew of the defendant’s sales of six of the seven knockoffs
• rejecting the defendant’s defense of abandonment through failure to police because the defendant was “far from establishing that Hermes’ designs have become generic”
• analyzing abandonment through failure to failure to police mark such that it becomes generic
• reviewing motion for summary judgment on the ground of laches de novo

Source: CourtListener parenthetical corpus (CC0).