Marc Jacobs Sues Ed Hardy Over Embroidered, Ugly Nylon Bag

[farou7a]

source: fashionista.com

By Britt Aboutaleb

Marc Jacobs has sued Ed Hardy over the quilted nylon bag at left.

It’s been a Marc by Marc staple for a few years now, but Ed added it to his “collection” in 2009.

He’s copied the size, the shape, the color (Marc’s comes in seafoam green, too), the embroidery, the handles, the side pockets and the plaque in the center. In fact, if Christian Audiger hadn’t made the bag even uglier by adding images of jumping fish – it might be one of the most identical copies we’ve ever seen.

The suit was filed in Los Angeles and says, “Defendants have committed and continue to commit their wrongful acts with the willful and deliberate intent to deceive consumers, to cause confusion and mistake, and to interfere with consumers’ ability to identify the source of Defendants’ Infringing Products by the appearance of such products’ trade dress which imitate Plaintiff’s authentic Marc Jacobs Pretty Nylon Tote Trade Dress, and by use of a mark confusingly similar to the Marc Jacobs Scrambled Trademark.”

So basically, they know what they’re doing. We’ve included more images, and most of the complaint, after the jump.

 

[jomarlushka]

Marc Jacobs Sues Ed Hardy Over Quilted Tote
abcnewyork.com , pic: http://www.nbcnewyork.com/blogs/the...Sues-Ed-Hardy-Over-Quilted-Tote-83979267.html
IP Trademark Attorney


We'll admit, there were more than a few snickers in our office when we heard Marc Jacobs was bringing a lawsuit against king-of-tattoo-fashion Christian Audigier. The two bags do look similar, but we're not exactly laywers.

According to Jacobs' lawsuit, Ed Hardy's quilted bag -- which, of course, bears Ed Hardy's quilted lettering instead of Jacobs' and is also embellished with swirling fish -- "unlawfully bear marks confusingly similar to the Marc Jacobs Scrambled Trademark." Now, we've been seeing a lot of worthy lawsuits flung around over shoes (see exhibits Danner v Rag & Bone and McQueen v Madden), but this is one of the first bags we've seen, and we must admit, it's not exactly one we'd be falling over ourselves to snap up regardless.

 

[silk skin paws]

To me both look like typical quilted bags and on the other hand it's the monograms stitched into Ed Hardy's that could make a case against them. I think it's coincidense rather than infringement.

 

[Fashionturnip]

^^^no way its 'coincidence'. I work in buying. its common practice to rip stuff off....but try and make it less blatant!!

 

[jun3machina]

hahahha. go MJ! no coincidence at all. i wonder if they even took apart the bag to replicate the pattern. all the proportions are pretty much the same. MJ knows better....change at least 3 things to make it your own. i think he commented on the act of copying beore, but im so happy their suing E.H.....such douche-baggery i cant stand it!

 

[Working Girl]

Marc suing someone for stealing. What irony!!.

 

[Littleathquakes]

^ LOL right? didn't he settle out of court when someone sued him over a look-alike scarf or something?

Anywho, that Ed Hardy bag definitely took some liberties with MJ's design. It's so ridiculous

 

[ad041715]

^ He bought that scarf at a flea market though! Overall, I'm ecstatic he's suing Ed Hardy for this. It was a very shameful thing to do. It looks like an exact replica!

 

[Eimii]

Even though it is ironic, everyone should sue Ed Hardy for bieng forced to look at the atrocities he produces..

 

[farou7a]

^

true!

 

[maxlinden]

the bacg looks exact, maybe this will send a message to other companies to stop the copycat madness

 

[farou7a]

Comment of the Week
By Matt Creamer

“This is why I will NEVER buy anything from the Ed Hardy lines. None of it looks any good in the first place, and now it’s not even original ugly stuff.”–DanielleD, on Marc Jacobs trademark-infringement lawsuit against Ed Hardy.

source: fashionista