30 Nov '17, 5pm

Louis Vuitton, LVL XIII Head Back to Court Over Sneaker Top Plates.

In September 2016, Judge Paul A. Engelmayer of New York’s Southern District Court dismissed the case in Louis Vuitton’s favor in a rather strongly-worded 107-page decision. In granting Louis Vuitton’s motion for summary judgment – a request for a final decision by a judge that resolves a lawsuit before trial – Engelmayer held that “LVL XIII has not established secondary meaning or a likelihood of confusion,” both of which are essential elements in LVL XIII’s case against Louis Vuitton. (For the uninitiated, the U.S. Supreme Court held in 2000 that product design trade dress (such as LVL XIII’s toe plate) is never inherently distinctive and so, in order to be eligible for trademark-like protection, the product design must have achieved secondary meaning. “Second meaning” means that a consumer associates the design element at issue with the brand from which it originates. In...

Full article: http://www.thefashionlaw.com/home/louis-vuitton-lvl-xiii-...

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