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· 10/12/2005

Louis Vuitton Malletier v. Burlington Coat Factory Warehouse Corp., Four Seasons Handbags Company, and John Does 1-10, Docket No. 04-2907-Cv

Citations

  • 426 F.3d 532
  • 76 U.S.P.Q. 2d (BNA) 1852
  • 2005 U.S. App. LEXIS 21963

How courts have described this case

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

  • holding that defendant’s handbag 10 meant to evoke Louis Vuitton’s trademarked handbags could create consumer confusion even in 11 the absence of an allegation that the defendant was attempting to establish its design as a 12 competing mark
  • stating that \the Polaroid factors must be applied with an eye toward each\ type of alleged confusion
  • noting that the plaintiff as “master of his complaint” chose to bring his claims against the particular defendants in state court
  • reviewing factual findings as to specific factors for clear error and the weighing of such factors in reaching ultimate confusion decision de novo
  • a side-by-side comparison is of limited relevance when products are sold via different stores and websites
  • “In trademark disputes, a showing of likelihood of confusion establishes both a likelihood of success on the merits and irreparable harm.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Pooler, Parker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.