Tory Burch Wins $41.2 Million In Trademark Infringement Lawsuit
2021-04-28
Kelsey Drain
Kelsey Drain——————
Designer Tory Burch just won a $41.2 million trademark infringement lawsuit against Lin & J International Inc.
Lin & J has been charged for copying and selling Tory Burch trademarks — including her ISIS Cross designs. Back in 2013, Burch also charged the company with copying and selling rings, necklaces and earrings that looked like her designs and infringed on trademarks, WWD reported on Thursday.
Following Burch's inital legal accusations, Lin & J unsuccessfully countersued the designer, accusing her company of "unfair trade practices, defamation, trademark infringement and other claims."
Michael Bittman of Fish & Richardson defended Burch and her company in U.S. District Court on Thursday.
The most important point in trademark infringement cases is whether or not the similarity is likely to cause customer confusion between the two different styles.
Many large luxury retailers are currently involved with similar lawsuits. For example, Christian Louboutin is defending his red sole trademark in court for the second time in three years.
News broke in April that Adidas is suing Marc by Marc Jacobs over copyright infringement. A track jacket from Jacobs' spring 2014 collection features four stripes on the arms, which is similar to Adidas' signature three stripe trademark. Additionally, Adidas is also accusing Isabel Marant of copying its Stan Smiths — both styles have a distinct red heel tab.
Raf Simons' fall 2014 Dior sneaker pump design was also blatantly imitated by Jeffrey Campbell.
What do you think of Tory Burch's trademark infringement victory? What are your thoughts on the other ongoing luxury brand cases? We'd love to hear your thoughts in the comments section below.