Case Conclusion Date: 04.04.2002
Practice Area: Litigation
Outcome: A satisfactory settlement was reached.
Description: We represented Cartier, Chanel, Guess, Donna Karan, Polo / Ralph Lauren and Calvin Klein or their licensees. Defendants sold knockoff versions of plaintiffs' designer sunglasses at kiosks or carts in malls and transit terminals. We alleged that the defendants infringed and the designers' Trademarks by encouraging and even supplying kiosk/cart advertising displays that boldly and prominently utilize the Plaintiffsâ€™ respective trademarks for the purposes of attracting consumers by the use of such trademarks. A thin "compare to" approach was used on the packaging, but the consumer was fundamentally being attracted by the prominent use of the designers' trade names on the boxes of the merchandise. Arguably the theory of recovery here was initial interest confusion.